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Old 06-08-2011, 03:12 AM
 
3 posts, read 19,280 times
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Hello everyone. I have a question about not fulfilling sublease and the deduction of security deposit. I was going to sublet an apartment for two weeks and the rent is 500 with a security deposit of 300. I paid in full in advance and then I went abroad traveling. However while I was abroad, I got something urgent to deal with and cannot get back to the states in time. I give the person who was subletting the apartment a notice one week in advance as I wish him to find some to fill the spot. And I told him if he cannot find anyone eventually he can take some of the security deposit to bear his loss. However later, he notified me that he is going to take 400( all security deposit and 100 rent). I do feel sorry about not able to fulfilling the sublease. But considering that there is no written formal sublease between us and I didn't know his terms about the security deposit, I feel charging me 400 is unfair to me. I won't be living in that apartment for a single day because I'm abroad and cannot get back in time. Is there any legal document I can refer to? Thank you heaps for helping!

Best,

Nicole

Last edited by funkynico; 06-08-2011 at 03:15 AM.. Reason: title
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Old 06-08-2011, 04:43 AM
 
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Quote:
Is there any legal document I can refer to?
Not really.
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Old 06-08-2011, 06:41 AM
 
979 posts, read 4,310,806 times
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Look at it this way. If you had a signed sublease agreement (I'll presume it's a legal sublet), that would be a "legal document" that would entitle him to take $500 regardless if you moved in or not.
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Old 06-08-2011, 08:50 AM
 
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If that is the case, then the person you gave a dime to may be responsible legally for returning ALL of your money!
Not relevant in a trial centering on an agreement between these 2 parties. Judgement would be based on the ability of each party performing their obligation under said agreement, not on the potential of one of the parties not being able to perform.
Neither of these people have "clean hands" in the case of an illegal sublet. Furthermore regardless of what a lease's boiler plate says subletting is allowed in NYS/NYC with approval of LL, not to be unreasonably etc., etc.
Unless a specific denial of subletting to this person can be produced there is no evidence that the sublet was actually illegal.
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Old 06-08-2011, 05:58 PM
 
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Okay I don't know where you quoted from but I get what you say.

1. The sublet isn't illegal although there is no written agreement
2. Judgement base on ability of each party fulfilling their obligations under agreement(written/oral).

What I still don't understand is that I wasn't informed that all of security deposit would be taken if I can't fulfill the lease, in this situation, if he is gonna take my security deposit, why would he also claim to take 100 for rent? I am not living there for a single day. Secondly, under what kind of situation, the sub-letter can't get security deposits back? To my understanding, the security deposits are used as fees to clean/fix the apartment if the damages are caused by the sub-letter. Thirdly, the only obligation we were communicating via email is that when I'm back to the states, I will stay 2 weeks in his apartment.

Opinions welcome and thank you all for input.
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Old 06-08-2011, 06:30 PM
 
Location: NY,NY
2,896 posts, read 9,481,081 times
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I did not fully comprehend your OP. The numbers don't make sense, and the rest is confusing.

In any event,

First, your agreement is oral and does not need to be written.

Second, it doesn't matter that you never lived there. You contracted for 2 weeks. If you break the contract agreement, you owe the full amount.

If not for you, the sublessor could have leased to someone else. There is no reason he should lose any monies on account of your failure to fufil the contract agreement.

Third, despite your advance notice, it is not the sublessor's responsibility fo find a replacement. It is YOUR responsibility!

Consequently, you owe the full amount for the rental period; and, the security deposit s/b returned.

Is the rent 500 for 1 week or for 2 weeks? Did you provide a security deposit?

Was a replacement found? If so, after what period?

If a replacement was found, then you'd owe for the time the apt was not rented; as well as for any costs associated with securing a replacement tenant.
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Old 06-08-2011, 08:01 PM
 
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It's 500 for two weeks and 300 is the security deposits. I was told that he didn't find a replacement but I'm never gonna find it out because I'm out of country. Basically what you are saying is that it's very nice for him just charge me 400 not entire 500, correct???! Is this your personal opinion or do you have legal reference?
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Old 06-09-2011, 06:24 AM
 
979 posts, read 4,310,806 times
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Quote:
Originally Posted by funkynico View Post
It's 500 for two weeks and 300 is the security deposits. I was told that he didn't find a replacement but I'm never gonna find it out because I'm out of country. Basically what you are saying is that it's very nice for him just charge me 400 not entire 500, correct???! Is this your personal opinion or do you have legal reference?
I agree with JC (in this instance). You owe the 500. We're splitting hairs here. I don't know why he's taking the "security" and only 100 of the rent and not simply taking the rent and returning the security. You will not solicit sympathy from a judge by bringing up this technicality.
Speaking for myself and I think JC will concur, yes it's "very nice" that he's only charging 400 not the entire 500.
The legal reference you keep looking for is the verbal agreement you made, no more no less. If you take this to court the case would center on this.

I suppose if you find out that he was able to find a replacement then this would be a whole new kettle of fish. Come back with evidence grasshopper. None of us are here to speculate on "what ifs".
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Old 06-09-2011, 06:53 AM
 
Location: Manhattan
24,730 posts, read 34,721,421 times
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nico,
You owe the $500 and there is no way to get a judge to agree that you don't. You entered into a contract to rent an apartment short term and then never moved in. That really is the nitty-gritty.
Consider yourself lucky that the original tenant gave you $100 back.
HE could have kept the $500 and returned only your security deposit.

Why would ANYONE do this sort of thing without paperwork? It need only be a single paragraph. But then we all know that if the paperwork said "in the event sublessor cancels, lessor shall return all his money" no lessor in his right mind would sign it.
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Old 06-09-2011, 07:09 AM
 
Location: NY,NY
2,896 posts, read 9,481,081 times
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No, it is not an opinion, it is a statement detailing how the law works in regard to the facts as I comprehend them and have stated.

The numbers and reasoning as you stated in your original post are confusing. If you want to remove the confusion do so.

Though, again, very simply, you owe $500; and the $300 security deposit s/b returned. Is this not clear?

So, out of the $800 total, you s/receive $300.

If you are saying that $100 is being charged for rent, and the $300 security is also being kept; and the total being returned is half, $400, then you are coming out with $100 more than you are legally due. Are the numbers correct?
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