Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I subleased an apartment from someone else and will be moving in in a few days. When I called the property manager for some other issues, she told me that the previous tenant owed her August rent and they will try to find her first and urged me to find her as well. They told me that if the amount is not paid before my moving in date, I will be responsible for it.
This does not sound fair to me at all. i told the manager that I was not well informed. The manager said they would contact the previous tenant before my contract take effect, and they will only inform me since the effective date of my contract because I will not be responsible for it earlier than that day.
I felt it is so unfair. Will anyone sign on a contract that already has dues?!
Of course no one would pay someone else's rent. You are bound by what your lease says. Nothing more.
Agreed. The property manager with whom you spoke is misinformed. The prime tenant remains responsible to the landlord for all rent payments (in fact to all the terms and conditions of the main lease) and this even applies if the subtenant pays rent directly to the landlord. Your only responsibility is to the tenant with whom you entered into a subleasing contract.
I am curious about one thing - what "other issues" were you calling the PMC about? Your contract is with the prime tenant not with the PMC and any concerns or issues you have should be addressed to her and NOT to the PMC.
The manager said I will be responsible for the rent till the day my contract takes effect, INCLUDING the unpaid rent. She said that I will not be responsible for it earlier than that date but will be since that date.
Here is the previous tenant's section in the sublease contract:
XXX will no longer be residing in apartment ... at ..... as of XX/XX/2013 and hereby relinquish all rights and privileges to occupy the apartment, as well as any right to receive a refund of any portion of the security deposit or other deposits paid in connection with my execution of the lease for the apartment. I will, however, remain responsible for all obligations under the lease until the above date.
Here is my section in the sublease contract:
XXXXX hereby assume all responsibility for the unit pursuant to the terms of the lease and consent to the lease of XXX from his/her obligations under the lease and responsibility for the physical condition of the unit.
Agreed. The property manager with whom you spoke is misinformed. The prime tenant remains responsible to the landlord for all rent payments (in fact to all the terms and conditions of the main lease) and this even applies if the subtenant pays rent directly to the landlord. Your only responsibility is to the tenant with whom you entered into a subleasing contract.
I am curious about one thing - what "other issues" were you calling the PMC about? Your contract is with the prime tenant not with the PMC and any concerns or issues you have should be addressed to her and NOT to the PMC.
Thanks so much for your response. It does not make sense to me but the manager just claimed so. I typed the contract in the previous response.
The "other issue" is cleaning the carpet. The previous tenant said the carpet will be cleaned around 08/10. I went there to check the apartment yesterday and found it was not cleaned. So I called the manager to ask about the cleaning, which the manager forgot and promised to have it done today.
The manager said I will be responsible for the rent till the day my contract takes effect, INCLUDING the unpaid rent. She said that I will not be responsible for it earlier than that date but will be since that date.
Here is the previous tenant's section in the sublease contract:
XXX will no longer be residing in apartment ... at ..... as of XX/XX/2013 and hereby relinquish all rights and privileges to occupy the apartment, as well as any right to receive a refund of any portion of the security deposit or other deposits paid in connection with my execution of the lease for the apartment. I will, however, remain responsible for all obligations under the lease until the above date.
Here is my section in the sublease contract:
XXXXX hereby assume all responsibility for the unit pursuant to the terms of the lease and consent to the lease of XXX from his/her obligations under the lease and responsibility for the physical condition of the unit.
I think you'd be well advised to run this by an attorney or at least Legal Aid as it sounds like a lease assignment, not a sublease. The clauses you cited are totally contradictory to a sublease. In any event (but you must check this out as it makes a LOT of difference) you are not responsible for the prime tenant's rent default.
If the previous tenant is still the primary tenant, and he/she didn't pay rent, he/she - and the subtenants - can be evicted for unpaid rent.
Technically he/she remains responsible, but that doesn't mean he/she won't get evicted for non-payment.
They can't make you pay it, but they can evict whoever is in that apartment for non-payment of rent under the primary tenant's lease.
I think you should look for another place.
I'd rather find another place. I went there yesterday. I started to dislike this place. I already paid for part of the August rent, but I'd rather not move in to it anymore.
Is it okay if I don't move in to this place? Will there be any consequences?
I'd rather find another place. I went there yesterday. I started to dislike this place. I already paid for part of the August rent, but I'd rather not move in to it anymore.
Is it okay if I don't move in to this place? Will there be any consequences?
Gee, I don't have the previous tenant's lease. I only have the page that I posted here. And I called the leasing office. They say they won't give that to me until it is the time my contract takes effect.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
