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Now, just two weeks into the official start of my lease, I get some shocking news. Let me explain:
Because the way the sublease was set up, I am renting the room from a tenant (or two tenants to be accurate). One of the tenants was just called to active duty and, therefore, decides to break the lease. Of course, all who are on the lease were effected. I've been told that unless I assume the full lease (I was receiving a discounted price) I will have to find a new place by June 31st. I have the money saved to pay the full lease, if need be, but its such an increase in rent (a budget buster, I would call it) that it would make more financial sense for me to walk away and find a new, cheaper place.
The management company has handled it great. They are offering to let me choose another place within any of their development without reapplying or having to get re-approved. (If you look in the other threads you will see that I was just marginally approved, so being able to skip that process [and related fees] is great news).
My questions are:
What happens to by security deposit? Considering I'm only 2 weeks into my lease, it would seem that it would be pretty easy to get all of it back (or at least have it applied to my new place). There is a little bit of 'damage' (nicks in the wall from furniture and holes in the wall from things that were attached) but obviously nothing I could have caused in two weeks.
Secondly, I had to pay a $150 sublease fee to move in. Would it be unreasonable to ask for that fee back? Obviously in my opinion it seems unfair that I had to pay the fee and only got use of the sublease for 2 weeks. But then again, its money out of my pocket, so I'm a bit biased. If there are any landlords, how would you feel about me asking for my sublease fee to be returned?
Sorry about the long read and thanks in advance for any response or advice I'm sure I'll get (you guys have been great before, no need to doubt you now)
I would tell the managemnt company you want your deposit transferred to the new lease on the new place. Get the answer in writing. NO VERBAL AGREEMENTS.
As for the fee, you will have to refer to the lease or fee agreement to find the answer for that. If it is not answered in the agreement, then get a written agreement form the management company. All you can do is ask and see what the answer is from the management company.
Considering I'm only 2 weeks into my lease, it would seem that it would be pretty easy to get all of it back (or at least have it applied to my new place). There is a little bit of 'damage' (nicks in the wall from furniture and holes in the wall from things that were attached) but obviously nothing I could have caused in two weeks.
If you've only been a subtenant for 2 weeks it would be pretty ludicrous for you to be held responsible for nicks and holes which should be the responsibility of the main tenants and come out of their security deposits. I'm assuming the other two tenants are still around so take it up with them and have THEM give you a written notice that they won't hold you responsible for any withholding of the security deposit. To whom did you pay a security deposit? Normally a subtenant would pay a security deposit to the main tenant and not to the actual LL and I'm guessing in your case this agreement was handled rather differently? Sorry for being a little confused but I don't have time right now to go through your other threads. Good luck!
If you've only been a subtenant for 2 weeks it would be pretty ludicrous for you to be held responsible for nicks and holes which should be the responsibility of the main tenants and come out of their security deposits. I'm assuming the other two tenants are still around so take it up with them and have THEM give you a written notice that they won't hold you responsible for any withholding of the security deposit. To whom did you pay a security deposit? Normally a subtenant would pay a security deposit to the main tenant and not to the actual LL and I'm guessing in your case this agreement was handled rather differently? Sorry for being a little confused but I don't have time right now to go through your other threads. Good luck!
Under normal circumstances, this management company doesn't require a security deposit from sub-lessee but they must go through the other steps of the leasing process (application, background and credit check). Usually the security dep of the original lessee is held. However, because I had no rental history they originally denied my application but agreed to let me sublease on the condition that I pay a $300 sec. dep. in addition to a $150 sublease fee. So currently the LL is holding my sec dep and the original tenants security deposit.
To be honest, the place is actually in much better condition than when I moved in. I've been cleaning the place every day since I've been here. No that the other tenants left the place trashed, but I'm a bit of a neat freak so I've been cleaning the floors, cleaning the walls (smudgy fingerprints) as well as cleaning the microwave, fridge, oven, floors, bathrooms, etc.
I honestly don't think there is really much that warrants the withholding of a security deposit but I've never dealt with this company before so I don't know. I'm just worried about the small nicks in the wall (looks like where a table or couch may have come into contact with the wall) and holes (a total of 17: 7 tiny nail size and 10 from screws) from pictures and where shelf and mirror were hung.
Also, I've been looking through the VA Landlord Tenant Handbook (that kodaka kindly linked me to) and found something that may be kind of interesting.
Section § 55-248.15:1. Security deposits states:
Quote:
D. If the tenant has any assignee or sublessee, the landlord shall be entitled to hold a
security deposit from only one party in compliance with the provisions of this section.
Does that mean the landlord technically/legally had no right to charge me (as a sublessee) a security deposit while still holding the security deposit of the original tenant?
Note: Though it probably sounds like I'm trying to "build a case" against my landlord, I am not. All of the people at the management company seem to be very nice, easy going people. I'm just new to this whole rental thing and am trying to learn all about my rights/responsibilities as a tenant.
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