Subletting from a tenant who isn't paying rent (sublets, 2014)
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I sublet a room while another girl sublets the other room of the apartment. Months ago, we got a NOTICE OF EVICTION addressed to the tenant (now living abroad). We wanted our security deposit back but he refused. He eventually settled the case in court.
But we just got another letter addressed to him, indicating that he hasn't paid the rent for two months.
Does this break our contract and allow me to use my security deposit for next month's rent? I'm moving out right after; can't deal with this!
I sublet a room while another girl sublets the other room of the apartment. Months ago, we got a NOTICE OF EVICTION addressed to the tenant (now living abroad). We wanted our security deposit back but he refused. He eventually settled the case in court.
But we just got another letter addressed to him, indicating that he hasn't paid the rent for two months.
Does this break our contract and allow me to use my security deposit for next month's rent? I'm moving out right after; can't deal with this!
I sublet a room while another girl sublets the other room of the apartment. Months ago, we got a NOTICE OF EVICTION addressed to the tenant (now living abroad). We wanted our security deposit back but he refused. He eventually settled the case in court.
But we just got another letter addressed to him, indicating that he hasn't paid the rent for two months.
Does this break our contract and allow me to use my security deposit for next month's rent? I'm moving out right after; can't deal with this!
The question is do you have a contract and with whom ???
Do you have any written document and is this a legal sublet--- ie does the owner/management company know that this is going on. If not then you can do whatever you dam well please. I too would say do not pay him but how do you know he did not pay-- are you opening his mail--- that is a federal offense. I would not do that again.
Try to talk to the actual landlord, show the landlord proof you have been paying the tenant on the lease and see if its possible for you to start a new lease.
You might try what is called a "set off" where you deduct from what you pay "your" landlord, the amount you pay to the primary landlord in order to keep your landlord from defaulting. Your sub-lease may or may not address your right to set off. Ideally both landlords would be on board with this arrangement, especially yours, and it should be in writing and noted that it is an Amendment to your lease. That said, a lot of agreements are made and not memorialized by written agreements. There is a legal term called "statute of frauds" which really has nothing to d with fraud. Basically, "A verbal agreement is legally valid but, in order to be enforceable in a court of law, it must be in writing and signed by the person or persons intended to be bound."
I sublet a room while another girl sublets the other room of the apartment. Months ago, we got a NOTICE OF EVICTION addressed to the tenant (now living abroad). We wanted our security deposit back but he refused. He eventually settled the case in court.
But we just got another letter addressed to him, indicating that he hasn't paid the rent for two months.
Does this break our contract and allow me to use my security deposit for next month's rent? I'm moving out right after; can't deal with this!
Not only should you not pay, but get as many free months of rent as you can until the marshall shows up
What you can do if you are game to keep the apartment is send the rent directly to the landlord. If the checks/payments are cashed for IIRC three months (you have to look up the exact number) you become the new "tenant".
This is totally contrary to what I'd usually say, but in this case I agree with Bluedog2 and not pay him anything further. It would be nice if you tried to negotiate with the landlord to stay on. The resulting direct rent might even be less.
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