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I rented an apartment from a real estate management company and I paid the rent on or ahead of the time each month. Last month I suddenly lost my job and I was very worried to pay the rent and utilities. I subleased this apartment to a new tenant but I did not notified the company until 12 days later when I called the company to explain what had happened. The owner asked me and the new tenant to go to the office as soon as possible. Due to the inclement weather the office was closed for Monday and Tuesday. On Wednesday. When I called the new tenant to go to the office together as required by the owner of the company, the new tenant refused to go with me and said she had been communicating with the company and had already got the apartment. The new tenant also asked me to "be out of it." When I called the company, the owner asked me to go to her office next day. When I got the office next day the owner roared at me for being fraudulent and I argued. Then all office members circled me and cursed me. I was scared and left the office. I know I should notify the owner in advance but I was too worry to pay the rent and utilities and forgot to read the lease first (the lease said the tenant may not sublet the property). Since the new tenant has signed a new lease and I am released from my lease, what can I do next? How can I request the deposit refunded to me?
I hope all that sopa opera drama felt good to purge ...but it's just about meaningless.
Quote:
Since the new tenant has signed a new lease and I am released from my lease,
what can I do next? How can I request the deposit refunded to me?
1) VERIFY how your state laws describe this LL responsibility.
Most require a written notification of damages or other charges
and/or the refund to be paid within 30 days of the apartment turnover.
2) With that specific language known to you...
write a brief and polite and businesslike LETTER advising them of your expectation
and with a current address for them to send the check to.
3) Wait. You've done all you can.
4) If you don't receive the check within that time frame then you can DEMAND it
(also in written form) and eventually take them to Court to get it. Maybe with damages too.
Thank you so much and now I have confidence to send an email to the owner to request the deposit. When I was in her office, she threatened to file a lawsuit against for fraud, I scared to death and argued my subleasing is just for keeping on paying the rent. I did not take any profit (even I charged $20 less each month but still pay you the same) from this subleasing. But the owner roared again:"No matter your reason and if you take profit, you committed fraud." I was extremely scared and really do not know what I should do next.
Thank you so much for your reply and I will do as you advised.
If you have a lease, and even if you violated the lease with an unauthorized sublet, and the property manager signed a new lease with the new tenant BEFORE you gave permission or agreed, and they terminated your lease before you agreed to the termination, they may have breached the lease and can be held liable for that mistake. So, a lot more information will be needed to clarify this. Don't let the fact that you may have sublet without permission cloud the potential illegal actions of the owners! You may actual walk away the money winner if you play your card right!
I signed a sublease with the new tenant without notifying the owner of the company until 12 days later. The new tenant has signed a new lease with the new tenant 3 days after I notified the owner and the tried to keep me out of their communicatings and I was never notified what is going on with this apartment. They only kept saying the lease I signed with the new tenant is illegal.
I double reviewed the lease and following excerpts may be interesting:
"Default: If tenant violates any of the provisions of the lease or any rules, or if the premises are vacated6/abandoned, owner may be entitled 1). to terminate this lease and obtain the possession of the premises 2). To any unpaid rent and charges 3). To injunctive relief and 4). To other damages, cleaning fees."
"Assignment and subletting: Tenant shall not assign this lease or sublet any or entire premises. Owner may assign this lease at any time without the concent of Tenant."
"Security Deposit: Tenant has deposited for the faithful performance of all terms and conditions of this lease. The security deposit, less any damages or other offsets, shall be mailed to tenant, together with an itemized list of deductions."
I double checked the entire lease again but cannot see any provisions or regulations on early terminations exception for early termination by military personnel.
I can't imagine what "fraud" they think you committed, unless they think you moved in under false pretenses INTENDING to sublease. Which would only be the case if you JUST moved in, which it sounds like you didn't.
So I just can't even imagine what they might be talking about for a "fraud" claim. But it sounds as if English might not be your first language (don't get me wrong, your English is very good, you just had a few odd word choices in your post that make me suspect). I'm thinking there might have been some sort of communication problem. Sometimes a single word is all it takes. You meant one thing but used the wrong word, so they took it a different way than you intended. So before you send the letter asking for your refund, I suggest having a friend who is a native speaker read it over and make sure it says what you mean.
In the end, both sides screwed up. You broke your lease and illegally moved a subtenant in. They signed a new lease or a sublease without your written permission. But if it came down to a court hearing, they had your verbal notice that you were no longer living there and your statement that you intended to sublease, and they have the subtenant's corroboration that you were no longer living there and intended to sublease. And you have nothing from them, verbal or otherwise, authorizing you to sublease or to break your lease without penalty. Verbal agreements are not legally binding, but it might be enough to be the deciding factor here. Intention is an important concept in court hearings, and it was obvious that by replacing you, the landlord was acting on your stated intention.
If they did do a sublease rather than a brand new lease, you are not ENTITLED to any deposit refund until the sublettee moves out. Moreover, you are still responsible for any damage that person does while living there AND responsible for rent if they don't pay. So I hope they did a brand new lease rather than a sublease, for your sake. But if so, then you presumably broke your lease, which would make you subject to lease break penalties.
Personally, I'd be shocked if you get a refund. Realistically, how do you expect them to know what condition you left the house in. They never saw it vacant. What if there are damages hidden by the current tenant's furniture? What if, when the current tenant is moving out, they refuse to clean, because you didn't give it to them in clean condition? The landlord would have to write off those expenses, which should have been yours.
Thank you very much for your thorough contemplation. You are right. English is not my native language. I believe the new tenant has signed a brand new lease with the owner because she asked the new tenant to pay the application fee and go through all procedures. But I am not 100 percent sure because both new tenant and the owner kept me away. That way I think they should have closed my account but why my account is still open. I paid January rent. Could it be possible that the February rent will shoot up in my account? If the own tries to refuse to return my deposit and I file a small claim in the court, will the judge let me win this case? Thanks a lot for any opinions in advance.
The only problem I see now is that OP, you need to go sign off your lease. Management should have the proper documents to do so. Sign OFF, in writing as an addendum to your now void lease. As I am reading this, you may still be living in the apartment in the way of the contracts. Once you make sure, in writing, you are off the lease and not obligated to pay another dime, then you can inquire about the deposit, then you can watch to make sure they don't hit you with next months rent, ghey can't legally do that but the contact says otherwise.
Also, don't use email. Use certified mail through the postal service.
Absolutely no way to know what is happening because OP doesn't understand what is happening well enough to explain what is going on.
It's possible, very possible, that your deposit was transferred over to your sublet person. That is what normally happens. Sublets get properly screened and that does not mean that you are off the lease, OP. Unless you have a properly signed paper that says you are off the lease, you are not. With s sublet, you are still responsible for rent and damage until the apartment is handed back to the landlord, vacant.
You sublet your apartment without permission, with a lease that says it is not allowed, so I am short on sympathy for you. Maybe you should take all paperwork to a lawyer and pay the lawyer to explain it to you. Just because you don't want to have any consequences after doing something stupid, doesn't mean you can wave your hand and it will all go away and everyone will forgive you.
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