Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > New Jersey
 [Register]
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.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 04-17-2014, 08:03 AM
 
1,174 posts, read 1,748,300 times
Reputation: 506

Advertisements

Quote:
Originally Posted by Penga25 View Post
considering you said 2 people are sleeping in hallways, i am assuming this is a very illegal operation he has going. just leave when you want and don't pay the last month or whatever you have remaining. he can use the deposit you gave him to cover the costs since hes not playing nicely. like others have mentioned, he probably wont go after you since there is nothing in writing stating you are on a lease and his situation is probably illegal. also, drop a deuce on his bed before you leave, seems like he deserves it.

disclaimer: this post contains no legal advice or morally legal advice...


Reply With Quote Quick reply to this message

 
Old 04-17-2014, 08:05 AM
 
800 posts, read 1,297,185 times
Reputation: 795
great use of Gif! side note, bolded statement was a joke
Reply With Quote Quick reply to this message
 
Old 04-17-2014, 08:51 AM
 
15 posts, read 53,185 times
Reputation: 10
Quote:
Originally Posted by samanthayakobchuk View Post
If it's illegal, then you have nothing to fear. It's great that you have the written email as proof of the notice. As a note, deposit checks are not meant to be cashed. They are meant to be deposited into an account, yes, (the landlord is under no obligation to prove this since he lives in the place, though -- you can, however, request it). The deposit is for the sole purpose of having money to to fix damages after the tenant leaves, if need be.


Hi,

I randomly saw your reply and I am kinda of in a difficult situation either:

I share a apartment with my roommate. she started the lease in Nov/13 and I joined her one and half month later. we are both lease holders on the leasing contract. She asked to split the deposit($2100 as she claims she paid to leasing office) and i trusted her cause she works in GE so I gave her $1050 wrriten in check. I do have an agreement with her saying the deposit and stuff. later on, I found out that she only paid $250, so I fronted her with it and she doesnt want to return my deposit. All my friends tell me that since she is not landlord, she doensnt have the right to ask for any deposit from me. What should I do?

Please help me with some advice, Thank you so much!!

Best,
Joyce
Reply With Quote Quick reply to this message
 
Old 04-17-2014, 09:09 AM
 
1,174 posts, read 1,748,300 times
Reputation: 506
Quote:
Originally Posted by lepapillon_elizabeth View Post
Hi,

I randomly saw your reply and I am kinda of in a difficult situation either:

I share a apartment with my roommate. she started the lease in Nov/13 and I joined her one and half month later. we are both lease holders on the leasing contract. She asked to split the deposit($2100 as she claims she paid to leasing office) and i trusted her cause she works in GE so I gave her $1050 wrriten in check. I do have an agreement with her saying the deposit and stuff. later on, I found out that she only paid $250, so I fronted her with it and she doesnt want to return my deposit. All my friends tell me that since she is not landlord, she doensnt have the right to ask for any deposit from me. What should I do?

Please help me with some advice, Thank you so much!!

Best,
Joyce
do you have a lease or an agreement of any kind with this person? Does the lease state the security deposit amount(it should be on there)? How do you know they only paid 250? If you signed a lease you need to speak to the landlord abut getting security deposit back. this roommate isnt responsible for that. Its possible the roommate paid the entire security deposit and when you moved it, you were just reimbursing them your share. In this case you retrieve that deposit from the landlord.

However if your breaking the lease early then you may have a problem. Are you leaving? Is someone replacing you?
Reply With Quote Quick reply to this message
 
Old 04-17-2014, 09:12 AM
 
800 posts, read 1,297,185 times
Reputation: 795
it seems like in joyce's problem, she is not moving out but rather has a shady roommate who in essence scammed her into giving her $1050 when she only paid 250 for the deposit. joyce should/would have only needed to spilt the cost with $125 to shady roommate and then deal with getting it back later on from shady roommate.

why does her working for GE make her trustyworthy?
Reply With Quote Quick reply to this message
 
Old 04-17-2014, 09:24 AM
 
Location: Rural Central Texas
3,674 posts, read 10,604,491 times
Reputation: 5582
First, does the leaseholder have the right to sublet in his lease? If not, then the entire subleasing is illegal and his demands for rent cannot be enforced.

If the sublease is legal and is only verbal month to month, then the common law probably applies and he can only require 30 days notice and that can fall on any day of the month. He cannot require the full months rent for a partial month lease term.

Since this is an individual you are renting from and not a rental company, what is the worst he can do if you do not pay? He cannot report you to the renter database since he is not a subscriber. He would have to take you to court to collect and I think you have the benefit of the law on your side on this issue.
Reply With Quote Quick reply to this message
 
Old 04-18-2014, 12:19 PM
 
15 posts, read 53,185 times
Reputation: 10
Quote:
Originally Posted by Penga25 View Post
it seems like in joyce's problem, she is not moving out but rather has a shady roommate who in essence scammed her into giving her $1050 when she only paid 250 for the deposit. joyce should/would have only needed to spilt the cost with $125 to shady roommate and then deal with getting it back later on from shady roommate.

why does her working for GE make her trustyworthy?
Yea, that well summed up my situation now. what should I do? Can i not paying her may's rent?
Reply With Quote Quick reply to this message
 
Old 04-18-2014, 12:20 PM
 
15 posts, read 53,185 times
Reputation: 10
Quote:
Originally Posted by johnrex62 View Post
First, does the leaseholder have the right to sublet in his lease? If not, then the entire subleasing is illegal and his demands for rent cannot be enforced.

If the sublease is legal and is only verbal month to month, then the common law probably applies and he can only require 30 days notice and that can fall on any day of the month. He cannot require the full months rent for a partial month lease term.

Since this is an individual you are renting from and not a rental company, what is the worst he can do if you do not pay? He cannot report you to the renter database since he is not a subscriber. He would have to take you to court to collect and I think you have the benefit of the law on your side on this issue.
I think we are both lease holders now says the leasing office agent since we both signed the contract with the leasing office.

Is she legal to ask for my deposit in this case?
Reply With Quote Quick reply to this message
 
Old 04-18-2014, 01:40 PM
 
15 posts, read 53,185 times
Reputation: 10
Quote:
Originally Posted by johnrex62 View Post
First, does the leaseholder have the right to sublet in his lease? If not, then the entire subleasing is illegal and his demands for rent cannot be enforced.

If the sublease is legal and is only verbal month to month, then the common law probably applies and he can only require 30 days notice and that can fall on any day of the month. He cannot require the full months rent for a partial month lease term.

Since this is an individual you are renting from and not a rental company, what is the worst he can do if you do not pay? He cannot report you to the renter database since he is not a subscriber. He would have to take you to court to collect and I think you have the benefit of the law on your side on this issue.
The thing is that we are both lease holders now bc both of our names are on the leasing contract and I called the leasing office and they said that tenants cannot sublease. So the entire sublease thing is illegal.
Does it mean that our agreement is not legal and how about my deposit paid to her? I paid her deposit in check btw... OMG.
Reply With Quote Quick reply to this message
 
Old 04-18-2014, 02:25 PM
 
1,174 posts, read 1,748,300 times
Reputation: 506
Quote:
Originally Posted by lepapillon_elizabeth View Post
The thing is that we are both lease holders now bc both of our names are on the leasing contract and I called the leasing office and they said that tenants cannot sublease. So the entire sublease thing is illegal.
Does it mean that our agreement is not legal and how about my deposit paid to her? I paid her deposit in check btw... OMG.
Security Deposit should be paid by the leasing office. Call them, ask them what the security deposit amount is for the department. If you signed a lease it should be on there.
Reply With Quote Quick reply to this message
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.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:




Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > New Jersey
View detailed profiles of:

All times are GMT -6. The time now is 07:50 PM.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top