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Old 10-09-2016, 10:12 PM
 
Location: SoCal
14,530 posts, read 20,124,163 times
Reputation: 10539

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Since I do not operate in your jurisdiction or state I will offer only two opinions:

(1) Any terminating tenant deserves an itemized list of deductions from their security deposit if not returned in full. Furthermore I myself include documentation including invoices for repairs deducted from the security or other deposit(s). If in the case of multiple tenants then all tenants should receive such notice.

(2) Anything with a stamp on it (or worse, a telephone call) is worthless. The only thing that stands in court in most jurisdictions is written communication sent via certified mail with return receipt required.
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Old 10-10-2016, 04:35 AM
 
10,746 posts, read 26,022,258 times
Reputation: 16033
Quote:
Originally Posted by Oldhag1 View Post
When you say you subleased, do you mean that you never had your name listed on the lease with the landlord or did you officially, and in writing, take over the lease? If a contract was not drawn up between you and the landlord, they should only be dealing with the original tenant.

Yes, the PMC can tell you they will only communicate with you through mail from this point forward, there is less room for post editing by either party. If you decide to put time constraints on them you will need to send all correspondence through certified mail with time/date receipts because the clock can only start ticking after they recieve the letter and can only include business days. Even then, if there are more generous deadlines in the original contract or local rental laws, unless they agree to your new time limitations, those time frames supersede whatever time limit you unilaterally decide on.
This is my understanding as well. Hopefully they will come back and respond to this because if they are indeed subleasing from the original tenant, they wouldn't get anything from the landlord.
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Old 10-12-2016, 09:29 AM
 
Location: Rural Michigan
6,341 posts, read 14,687,030 times
Reputation: 10550
Quote:
Originally Posted by Javier-Riefkohl View Post
When in dealing with contracts and obligations, isn't stalling, blocking, or preventing adequate communication illegal or at least something that you can take to court. Especially if one of the parties is not fulfilling their obligations?
insisting on verifiable communication methods isn't "stalling" or "blocking" communication. The gold standard for legal-related communications is written, delivered by certified mail, with a return receipt & a signature required by the recipient. For example, if you file a civil case & tell the judge you notified the other party by email, they'll toss the case & tell you to send the notice via certified mail, or using a process server. While some jurisdictions will accept "evidence" of communications sent via email, I'm not aware of any that will allow you to "serve" someone via email, because it isn't verifiable & it can be altered. Courts dont consider it a "hardship" to mail a real letter.
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Old 10-13-2016, 09:51 AM
 
Location: San Diego, CA
3,545 posts, read 6,032,587 times
Reputation: 4096
Did they send the other tenant, the person who was on the lease, a statement?
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Old 10-14-2016, 09:49 AM
 
Location: Boise, ID
8,046 posts, read 28,478,357 times
Reputation: 9470
Quote:
Originally Posted by Oldhag1 View Post
When you say you subleased, do you mean that you never had your name listed on the lease with the landlord or did you officially, and in writing, take over the lease? If a contract was not drawn up between you and the landlord, they should only be dealing with the original tenant.

Yes, the PMC can tell you they will only communicate with you through mail from this point forward, there is less room for post editing by either party. If you decide to put time constraints on them you will need to send all correspondence through certified mail with time/date receipts because the clock can only start ticking after they recieve the letter and can only include business days. Even then, if there are more generous deadlines in the original contract or local rental laws, unless they agree to your new time limitations, those time frames supersede whatever time limit you unilaterally decide on.
Good catch. I didn't see on first read that it was a sublease. The only person entitled to a refund and breakdown from the landlord is the tenant. A subtenant is entitled to those things from the tenant, who is their landlord.


So OP, if you were a subtenant, then you should be requesting your share of the refund and a breakdown of the expenses from the person you rented from. If you are a subtenant, that person is the primary tenant, not the landlord. The landlord has done nothing wrong EXCEPT that they should not have even put your name on the check at all. The landlord owes you nothing. The tenant does.
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