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I had intended to sublet my apartment for the duration of 15 days during which I was out of the country. My building management found out about it and asked my landlord to send me a mail asking me to not do so or face legal consequences. I immediately removed my listing.
Now my landlord claims that the building management is imposing a legal fee on them since I intended to sublet. I can prove that I did not sublet either before or after being asked to stop.
My landlord is refusing to return my security deposit now. Do I have a case here?
If they don't give you back your security deposit you can either not pay them rent for the last month you live there or take them to court. Just the intention of subletting raised a red flag to them and they may just want to set an example with you.
Seriously though, I'm sure it was in your contract that you were not allowed to sublet but you decided to try to do so anyways. And only for 15 day? Its not like you were going to be out a few months. What if the person you subletted to did some serious damage to the apartment? You can't just take it upon yourself to sublet this apartment that you don't own. Just the fact that you tried to do it until you got caught puts them in the right. I think they have to right to hold your deposit. You could send them a letter appologizing for your actions and promising not to do it again. Maybe they will give you a another chance. If they don't then take my advice above. Good luck regardless
It is a standard lease which has a clause asking to seek owner's permission before subletting. I was looking to let it out during the time so I can recover the cost of my vacation (greedy, I know in hindsight!)
I have vacated the apartment and have not been given my security deposit since 60 days (the maximum time as per the lease). I am considering taking them to the Small Claims court or mediation. They claim that I sublet it before they informed me but are unwilling to provide any proof.
It is a standard lease which has a clause asking to seek owner's permission before subletting. I was looking to let it out during the time so I can recover the cost of my vacation (greedy, I know in hindsight!)
I have vacated the apartment and have not been given my security deposit since 60 days (the maximum time as per the lease). I am considering taking them to the Small Claims court or mediation. They claim that I sublet it before they informed me but are unwilling to provide any proof.
If you are out of the apartment then taking them to court is probably your only option. You have to realize these landlords will do anything possible to keep your security deposit. I've lived in a few buildings and almost all of them tried to screw me one way or another. They make you sign lots of paperwork saying they can keep your deposit if you do something that is in breach of contract. The last apartment I lived in I just stayed out the last month on the security deposit. I won't be able to use them as a reference though.
I had intended to sublet my apartment for the duration of 15 days during which I was out of the country. My building management found out about it and asked my landlord to send me a mail asking me to not do so or face legal consequences. I immediately removed my listing.
Now my landlord claims that the building management is imposing a legal fee on them since I intended to sublet. I can prove that I did not sublet either before or after being asked to stop.
My landlord is refusing to return my security deposit now. Do I have a case here?
What does your lease say about
1) subletting
2) loss of security deposit if you break lease terms?
What does your lease say about
1) subletting
2) loss of security deposit if you break lease terms?
"You cannot assign this Lease or sublet the Apartment without Owner's advance written consent in each instance to a request made by You in the manner required by Real Property Law § to consent to a lease assignment for any reason or no reason, but if Owner unreasonably refuses to consent to request for a Lease assignment properly made, at your request in writing, Owner will end this Lease effective as of thirty days after your request."
And about the security deposit:
"if You do not carry out all your agreements in this Lease, Owner may keep all or part of your security deposit and any interest which has not yet been paid to You"
They'd have to have Tommy Jefferson or Saul Goodman or maybe William Jennings Bryant as a lawyer to come up with a reason that "intending to sublet" meant they could take your security deposit.
I had intended to sublet my apartment for the duration of 15 days during which I was out of the country. My building management found out about it and asked my landlord to send me a mail asking me to not do so or face legal consequences. I immediately removed my listing.
Now my landlord claims that the building management is imposing a legal fee on them since I intended to sublet. I can prove that I did not sublet either before or after being asked to stop.
My landlord is refusing to return my security deposit now. Do I have a case here?
They arrest people for attempted robbery or attempted murder all the time....in your case it's attempt to sublet. Lol.
__________________
"The man who sleeps on the floor, can never fall out of bed." -Martin Lawrence
"You cannot assign this Lease or sublet the Apartment without Owner's advance written consent in each instance to a request made by You in the manner required by Real Property Law § to consent to a lease assignment for any reason or no reason, but if Owner unreasonably refuses to consent to request for a Lease assignment properly made, at your request in writing, Owner will end this Lease effective as of thirty days after your request."
And about the security deposit:
"if You do not carry out all your agreements in this Lease, Owner may keep all or part of your security deposit and any interest which has not yet been paid to You"
Hypothetically, had you found a ready, willing and able, sub-tenant, you would have asked the Landlord in writing for permission as per the written lease, before entering into an agreement to assign or sublet the apt.
That "assignment clause" language is a new one to me. I am familiar with the Landlord wanting the request in writing, and language that says that "permission may be denied in Landlord's sole and absolute discretion". And I have seen language that says that "consent may not be unreasonably withheld".
Your lease language on the assignment issue is very vague, arbitrary and capricious, as my lawyer would say.
Methinks you will win your case re the deposit as it does not appear you violated the terms of conditions of the lease, as far as the sections that you have quoted. Leases that are not crystal clear (opposite of vague) on an issue, are generally held in favor NOT in the interest of the person who prepared or provided the Lease (or Contract, as the case may be). Therefore, if you did not prepare the Lease, any issue in a court of law, should be in your favor, if said issue is vague, arbitrary or capricious.
DISCLAIMER: I AM NOT A LAWYER AND THIS IS NOT INTENDED TO BE LEGAL ADVICE. CONTACT AN ATTORNEY FOR LEGAL ADVICE.
Good luck OP.
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