Legal Question in Real Estate Law in Maryland

Illegal Sublet

I am in the state of Maryland. I signed a contract with a friend to take over her lease. However, I recently found out that subleasing was illegal at her apartment. She never showed up to do the final walk through of the apartment, and she is now suing me for $1,200. Since the sublet was illegal, can she enforce the lease in court? Would I have any type of defense case?


Asked on 4/01/09, 10:21 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Illegal Sublet

Your friend's lease probably had a provision that stated that the lease couldn't be assigned without the landlord's prior approval, which she didn't get. However, you still lived there and got the benefit of the sublease agreement. You didn't provide much in the way of information, but presumably you either didn't pay the last $1200 in rent or the landlord found damage and billed her for that amount, and she's now blaming it on you. Your defense would have to be on the merits.

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Answered on 4/01/09, 11:33 am


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