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Hi! I need some advice. I decided to sublet from a woman. I just found out that it is an apartment - so I'd be the subtenant, and this building does not allow subleasing. So.....I don't want to be part of the lease violation in the first place.
Second, she agreed to give me the keys on the first of the month to begin moving things in, everytime I ask for the keys, she puts it off another day.
So I contacted her yesterday, telling her that I dont want to move in, I feel uneasy about being part of a lease violation and that she keeps not giving me keys which makes me feel more uncomfortable. I paid her an $800 security deposit and $400 for half rent in April, and am to rent month to month
I told her how I felt, and that it didnt make sense for me to move in, but I'd be ok with her keeping a total of $200 for her time. And rather than move in and give notice right away and move out, she could begin looking for a new tenant and return the $1000 to me.
I really think this is fair - but she is not happy.
I believe I would win in small claims court because she didnt even have the right to sublease and misled me.
Are you 100% sure that she didn't have sub-leased abilities? Just casue the building has a no sublease or sub tenant rule, does not mean she didn't have an exception or was grandfathered under an older lease.
if yuo are 100% sure, send her a written letter by certified mail return receipt requested detailing the reason yuo are canceling the move in and highlight the violations your concerned about. Request a return of ALL you monies within the time period your state law require it be returned, minus any amount your state laws say they can keep.
DO NOT make up any old amount you think is fair for them to keep because when you do that, you are indicating to them that you do not wuish to use state law for your protection and will accept whatever you two agree on. What if she counters with offering you only $100 back? The first thinga judge will want to know is why are you here now when you agreed not to use state laws to being with.
You absolutely must find out whether or not she's allowed to sublease (if she were it's standard that she would give you not only a copy of the main lease but also a sublease agreement between you and her). Under no circumstances offer her any money for her trouble. You either get everything back or you take her to small claims court where, as long as you can prove that she's not allowed to sublease, you'll win in a blink. She can't come into court with dirty hands and win a cent.
Call the property owner (or property management company) to verify your suspicion that the apartment can't be subleased and, if that's confirmed, email the woman immediately advising her of such and demanding the return of all the money you've paid her within seven days. Follow it up with a copy sent by return receipt certified mail and, if you hear nothing from her, file your suit in small claims court as soon as possible.
If she is allowed to sublease the apartment, that's*another matter but it nonetheless sounds very fishy since it seems you've signed nothing and she hasn't handed over any keys to you even though you've paid her. Good luck!
If you move in after talking to the landlord, the next thing is he will evict all of you and you will have to move twice. Send her the registered letter as detailed above.
It seems this would be a good reason never to pay someone money to sublet without talking to the actual owner first.
Better (and avoiding going to the trouble of talking to the LL) make sure that there's a sublease to sign AND that this is accompanied by a copy of the original lease between the tenant and the LL. This is normal practice as in a sublease you're bound to abide by the terms of the main lease agreement and obviously need to know all of its terms and conditions in order to comply.
Hi! I need some advice. I decided to sublet from a woman. I just found out that it is an apartment - so I'd be the subtenant, and this building does not allow subleasing. So.....I don't want to be part of the lease violation in the first place.
Second, she agreed to give me the keys on the first of the month to begin moving things in, everytime I ask for the keys, she puts it off another day.
So I contacted her yesterday, telling her that I dont want to move in, I feel uneasy about being part of a lease violation and that she keeps not giving me keys which makes me feel more uncomfortable. I paid her an $800 security deposit and $400 for half rent in April, and am to rent month to month
I told her how I felt, and that it didnt make sense for me to move in, but I'd be ok with her keeping a total of $200 for her time. And rather than move in and give notice right away and move out, she could begin looking for a new tenant and return the $1000 to me.
I really think this is fair - but she is not happy.
I believe I would win in small claims court because she didnt even have the right to sublease and misled me.
But I am seeking advice. Please help. Thank you!
You should be able to sue her in small claims court and recover your loses, but you will probably need something in writing from the property owner saying she is not allowed to sublease, to use as evidence in court.
Be sure that you aren't creating your own damages by trying to get yourself in trouble by talking to the landlord. What damages have you actually incurred? Doesn't seem like any. I'm not saying that you haven't been wronged, but the issue doesn't seem to have created any issues for you yet.
Most courts will hold you accountable to actually mitigate damages. If you are able to get the landlord's permission to stay then there won't be any damages. In our state, judges are pretty liberal with respect to tenant's rights. It would be fairly likely that they would let you stick around so long as you were deceived and so long as you were living there in accordance with the original lease.
I realize it's an uncomfortable situation, but you best bet is to get formal persmission from the landlord. Absent that, you'd be hard pressed to sue for damages where there haven't been any yet.
Be sure that you aren't creating your own damages by trying to get yourself in trouble by talking to the landlord. What damages have you actually incurred? Doesn't seem like any. I'm not saying that you haven't been wronged, but the issue doesn't seem to have created any issues for you yet.
Most courts will hold you accountable to actually mitigate damages. If you are able to get the landlord's permission to stay then there won't be any damages. In our state, judges are pretty liberal with respect to tenant's rights. It would be fairly likely that they would let you stick around so long as you were deceived and so long as you were living there in accordance with the original lease.
I realize it's an uncomfortable situation, but you best bet is to get formal persmission from the landlord. Absent that, you'd be hard pressed to sue for damages where there haven't been any yet.
ps- not legal advice- seek an atty.
The OP isn't contemplating suing for damages. She may have to sue to simply get the money back which was illegally taken from her in contemplation of a contractual agreement which the other party is legally unable to fulfill. She has no lease, no keys and the woman has already taken $1200 of her money for an apartment she can't even legally sublease. The landlord cannot agree to the OP living in the apartment since his lease agreement is with the current tenant. The only way he can rent to the OP is if he evicts the present tenant and enters into a new lease agreement with the OP.
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