My Subletter Damaged the Apartment and the Landlord Took It from My Deposit
Act within 30 days of receiving itemization -- Start with Step 1 below.
Most important first step: Understand that you may be liable for your subletter's damage
Step-by-Step Action Plan
Understand that you may be liable for your subletter's damage
As the primary tenant on the lease, you are legally responsible to the landlord for the condition of the unit, including damage caused by your subletter. The landlord can hold you accountable for the subletter's actions. Your recourse for your loss is against the subletter directly.
Review your sublease agreement for damage provisions
If you had a written sublease, it likely includes provisions about the subletter's liability for damages. Find that agreement and identify what remedies it gives you. A written sublease is your primary tool for recovering from the subletter.
Tip: Use GetItBack's free tool to understand your state's rules on subletting and landlord-tenant relationships.
Gather documentation of what the subletter damaged
Collect the landlord's itemization, your move-out photos (taken when you left for the sublet), photos of the unit taken when the subletter moved in and out, and any written communication with the subletter about the unit's condition. This documents what the subletter is responsible for.
Dispute any charges with your landlord that pre-existed the sublet
If any charged damage existed before your subletter moved in, dispute those charges with the landlord using your move-in documentation. Only damage that occurred during the sublet period should be charged to you (and then recovered from the subletter).
File in small claims against your subletter for reimbursement
Sue the subletter for the amounts you paid to the landlord for their damage. Bring your sublease agreement, the landlord's itemization, your move-in and move-out photos from both your original move-in and when the subletter took over, and any receipts.
Frequently Asked Questions
Does the landlord have to deal with my subletter directly?
No. The landlord's legal relationship is with you, the primary tenant. They can hold you fully responsible for your subletter's damage. Your subletter's liability to you is a separate matter.
What if I did not have a written sublease?
Without a written sublease, your case against the subletter for reimbursement is harder but not impossible. You can still prove the subletter occupied the unit and caused damage, using photos, bank records of rent payments, and any written communications.
Can the landlord charge me if subletting was not allowed?
Yes. If you sublet without permission and the subletter caused damage, the landlord can hold you liable. Unauthorized subletting may also be a separate lease violation. However, the landlord still cannot deduct for pre-existing damage or normal wear and tear.
What if the subletter refuses to pay me back?
File in small claims against the subletter. Bring your sublease agreement and all documentation of the damage they caused. A court judgment against the subletter can be enforced through wage garnishment or other collection methods.
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