what steps do i take if my sublessor refuses to pay rent

2 Replies


I am the Leasholder on a three bedroom house in Hawaii. i have an agreement with my landlord in writing that i am allowed to sublease to two other people in the house. the landlord has to approve each one, but i am ultimately held responsible for condition of the home and rent paid in full each month. 

i have signed sub-lease agreements with each of the current tenants. the lease is the same as the one i signed with my landlord, stating that if rent is not paid by the 5th of the month, there will be a $100 late fee. it also states that if rent is not paid, the lease can be terminated early. 

this is a month to month lease agreement. the exact words are: "tenant's rental agreement may be ended earlier if tenant does not pay the rent and/or comply with this rental agreement. if, after this rental agreement is terminated, tenant stays in the unit without Landlord's written consent, tenant may be a holdover tenant, liable for double the rent and other penalties."

as the leaseholder who has signed these subleases with my sub lessors, what leverage do i have to get my subtenant to pay rent or move out? does my landlord have to step in? i did not sign a release with the landlord and technically i am held responsible for all rent paid. is this lease i signed with them a binding lease? do i follow the same legal action as my landlord would do if i were not to pay? serve notices? how many days apart? and can i legally use her deposit as her last months rent if she still continues to refuse? this is her last month and she is leveraging me to force her to let her use her deposit for her last months rent and she is claiming our lease is not valid. 

please help!!

Landlord doesn't have to help, you have to take your tenant to court

thank you for your reply.

If I don't want to go through the hassle of going to court, and she wrote in an email to me she wants to use her deposit for last month rent- is it legal for me to take that offer? Do I haver to reply in writing that I take her offer? If I don't reply in writing, but use the deposit for her last month's rent, can she sue to get her r deposit back after she moves out? How do I protect myself?

Thank you so much

Create Lasting Wealth Through Real Estate

Join the millions of people achieving financial freedom through the power of real estate investing

Start here