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Old 08-11-2013, 08:42 AM
 
Location: Jersey City
7,055 posts, read 19,312,201 times
Reputation: 6917

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C, find a new apartment, and sign a lease in which the OWNER of the property (LANDLORD) acknowledges your right to be there so long as you pay rent and behave yourself.

C just learned a very expensive lesson.
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Old 08-11-2013, 09:03 AM
 
Location: NJ
17,573 posts, read 46,149,725 times
Reputation: 16279
Quote:
Originally Posted by davenj08 View Post

Landlord now screwing C
Landlord is not screwing anyone. They aren't getting paid rent.
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Old 08-11-2013, 03:49 PM
 
10,222 posts, read 19,216,257 times
Reputation: 10895
Quote:
Originally Posted by davenj08 View Post
Legally, no one owes you anything so more of a nightmare for you.
Um, that's not so. B owes C what he promised -- the use of the apartment for the term of the lease. If he can't provide that for whatever reason, he owes at the very least a return of the security deposit and all rent money paid for the time the apartment was not available for C's use. The fact that B's sublet contradicted the terms of A's lease doesn't change that.
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Old 08-12-2013, 07:04 AM
 
50,816 posts, read 36,501,346 times
Reputation: 76624
Quote:
Originally Posted by nybbler View Post
Um, that's not so. B owes C what he promised -- the use of the apartment for the term of the lease. If he can't provide that for whatever reason, he owes at the very least a return of the security deposit and all rent money paid for the time the apartment was not available for C's use. The fact that B's sublet contradicted the terms of A's lease doesn't change that.
The lease itself is illegal, though, since B wasn't even the one whose name was on the lease. I think he could be arrested for fraud, but I wouldn't count on any money back. Also it sounds like OP knew the whole thing was illegal, so not sure how much that changes anything (based on the crazy security deposit amount, knowing that B, who she sublet from was the illegal subletter to A and that the master lease prohibits sublets)
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Old 08-12-2013, 07:19 AM
 
19,128 posts, read 25,336,687 times
Reputation: 25434
Quote:
Originally Posted by ocnjgirl View Post
Also it sounds like OP knew the whole thing was illegal, so not sure how much that changes anything (based on the crazy security deposit amount, knowing that B, who she sublet from was the illegal subletter to A and that the master lease prohibits sublets)

That is what really complicates the matter for the OP.
Any chance of having a court resolve this in his/her favor is likely to be short-circuited by the Clean Hands principle. "Clean Hands", means that the plaintiff himself has to have not engaged in any violations of the law in connection with the case. If the OP was to take this matter to court, if either A or B could prove to the court's satisfaction that C was aware of the illegality of this arrangement, the chances of obtaining relief are...not good.

When you are asking a court for relief, your case is undermined to a great extent--and is likely negated--by coming into court without, "clean hands".

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Old 08-12-2013, 05:55 PM
 
10,222 posts, read 19,216,257 times
Reputation: 10895
Quote:
Originally Posted by Retriever View Post
That is what really complicates the matter for the OP.
Any chance of having a court resolve this in his/her favor is likely to be short-circuited by the Clean Hands principle.
The doctrine of unclean hands doesn't apply to monetary damages. Further, C has not done anything unclean with respect to B, so it wouldn't come into play in a case between C and B.
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Old 08-12-2013, 05:58 PM
 
Location: NJ
17,573 posts, read 46,149,725 times
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I wonder if the OP has something in writing about the security deposit.
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Old 08-12-2013, 06:04 PM
 
Location: Lakewood, NJ
1,171 posts, read 2,682,825 times
Reputation: 765
Quote:
Originally Posted by manderly6 View Post
I wonder if the OP has something in writing about the security deposit.
I bet they paid cash and got no receipt. Doesn't anyone watch Judge Judy anymore? Pay everything by check, if it's a loan get it in writing and never cosign anything for anybody!
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Old 08-12-2013, 06:42 PM
 
100 posts, read 154,421 times
Reputation: 203
C should become the landlord's butler to make for a wild new sitcom!
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