I have a friend staying at my apartment is that considered subleasing?
June 2nd, 2011 | 
Author: My friend stayed with at my apartment for a few days while I was away on business. My landlord knows he is there and says that I am subleasing. I have explained more then once that he is just house sitting and I assured her there was no contract but, she is now wanting me to speak to her attorney.
Posted in Landlord Tenant Law
What does your lease say about the length of time you can have guests? If your friend has stayed longer than the stipulated time, he is an unauthorized tenant and you could be evicted if your landlord wants to go to the trouble.
Most leases outline ‘guests’ and how long they may stay in the premises. This includes days in a row and days in a month. The landlord rented the apartment to you, but having a stranger there when you are away may be a bit unsettling to the landlord. It may have been best to discuss the situation with them prior to assuming that you could have extended guests (especially when you are not there).
Most complexes have a policy on the amount of time a person can stay with you and not be on the lease, usually 3-14 days. Any policy like that has to be in the lease you signed, so I suggest you start there. There’s a chance you may need to have your friend sign an affidavit or something saying how long he was there and why. But definitely go over your lease with a fine toothed comb before any meeting with any lawyers.
That was NOT subleasing. Subleasing occurs when there is a rental agreement between the leasee and a third party. Money exchanges hands and there has to be an agreement as to terms.
Tell your landlord he was just housesitting and you are not going to talk to a lawyer. If the lawyer calls, tell the lawyer there was no contract and he was just housesitting for a few days. Done.