Legal Question in Real Estate Law in Minnesota

Re: Charged for subleesee's past due rent

Your obligation to pay and your right to be in possession are two separate issues.

Your right to be in possession of the the apartment piggy backs off the rights of the guy who sublet to you. If that guy doesn't have a right to be there because of unpaid rent, then you don't have right to be there either. You have been defrauded by that guy, because he apparently represented to you that the rent was current.

Your obligation to pay is based on the sublease. You only owe for December 1st forward. Problem with that is the landlord can still throw you out.

I suggest you move and find another place. You can then sue the guy who sublet to you for whatever the expense of the extra move is, because this is a breach of contract - the sublease is a contract.

I assume you have already complained to the guy and he is not about to pay that back rent.

You might also try negotiating a new lease direct with the landlord. After that you might sue the guy who sublet to you for the increase of rent, because you lost the benefit of your bargain - breach of contract again.

Good luck.

This response if for general information purposes only and does not create an attorny-client relationship. You are advised to seek the advice of the attorney of your case concerning the details of your case.