Should I and how do I file a fraud claim against my overtenent for not paying my rent to the landlord?
May 5th, 2011 | 
Author: I have been subletting my apartment from an individual for over a year. As it turns out, for the last five months he has not been paying the landlord the rent I have been giving to him (he also has my security). It amounts to nearly $8000. Should I file a civil claim against him? A fraud claim? Both? The landlord’s attorney is threatening to come after me for the back rent. I would like to get as much of the rent from him and pass it on to the landlord, it would make me feel a lot better about the situation. Any advice would be appreciated. Thanks.
Posted in Landlord Tenant Law
Your heart is in the right place but legally you can’t. You can sue the original tenant from whom you sublet for breach of contract and in turn give the winnings to the landlord. The landlord can not come after you because you do not have an agreement with him, but he can sue and evict the original tenant which would in turn displace you. Either way I suggest you look into alternative places to live.
The next time the landlord’s lawyer threatens you ask him to show you a contract where you agreed to pay the landlord any money (that should shut him up).
If you have no written agreement with the landlord you can’t be sued by him. If you have an agreement with the owner, why are you paying anyone else?
My advice would be to move to get out of the mess. If your agreement is with the tenant-of-record, give him 30 days notice and leave.
If you decide to stay or go, I would send a note to the tenant-of-record that I am paying rent into an escrow account until he clears things up with the landlord. Inform the landlord of this, as well. Open an escrow account in a bank and pay your rent into it monthly and wait until a court tells you what to do.