Subleasing the apartment and scam (lease agreement, tenant, security deposit, credit card)

[kas_andrew]

I'm trying to sublease my apartment as I'm relocating to another state. Some guy (Mr. X) came over and looked at my apartment. There were 2 other guys with him. They said they liked my apartment. I told them that they can pay the rent directly to the apt management for the rest of the months and for this month, I asked them to pay me 1/3 of the rent (even though they will stay for 20 days). I told them that they need not pay me any security deposit.
Mr X said the apartment is for the other 2 guys. We went over to the leasing office and Mr X filled the app form and gave his social security for credit check (and not the other 2 guys) even though Mr X wouldn't actually live there. He paid some money for the credit check with his credit card.
I asked him about the prorated rent for this month. He said he hasn't brought his check and he would pay me the next day.
The next day, I called him. He said he is busy and he would give me the rent by end of the day when he comes to leasing office for some paperwork. He sent the paperwork through his buddy to the leasing office but, he didn't give me the rent. When I called him, he didn't even care to pick up the call. Then finally, he called me and said he can't come and he will give me the check when I give him the keys before I board the flight.
Do you think I can trust these guys? I know there are a lot of scams on craigslist. Even if I sublease the apartment, the original tenant is still responsible for the lease.
What do you think I should do?

[DowntownHarrisburg]

Originally Posted by kas_andrew

I'm relocating to another state.

Some guy (Mr. X) came over and looked at my apartment.

Mr X said the apartment is for the other 2 guys.

He said he would pay me the next day.

The next day he said he is busy

When I called him later, he didn't even answer.

he called me and said he can't come

he will give me the check before I board the flight.

Do you think I can trust these guys?

Are you kidding?

Some dude is renting an apartment for two other guys. Why can't they rent it themselves? He put his SS# on the lease. Why can't they put theirs? He hasn't paid a dime towards rent - why not? And now he wants to give you a check at the last possible moment, when you have one foot on a plane, at which point it would be awfully hard for you to do anything if he doesn't pay or if the check bounces.

And you're asking us if this is a bad idea.

They now have a signed lease with the leasing company, so even if you wanted to say "no", it's no longer your business.

Having subleased the apartment, you are now basically a guarantor (cosigner) for THEIR lease. Congratulations -- if they trash the apartment or fail to pay rent, it's your responsibility to pay. Are there laws in your state making a lease holder responsible for any criminal activity in their apartment? You were given red flag after red flag. Your gut should have been screaming at you that this was a terrible idea. It sounds like you got scammed.

Check your state law on how subleases work. Try talking to your leasing company about your concerns. Find out if the lease had a clause requiring them to pay something before taking occupancy. If so, it's possible the lease isn't yet effective.

Good luck. And learn to trust your instinct.

[kas_andrew]

Originally Posted by DowntownHarrisburg

They now have a signed lease with the leasing company, so even if you wanted to say "no", it's no longer your business. Having subleased the apartment, you are now basically a guarantor (cosigner) for THEIR lease.

I think I didn't explain it clearly. They just filled out the application form. They haven't signed the lease agreement yet. I asked the apartment management to put a hold on it before proceeding any further.

[DowntownHarrisburg]

Originally Posted by kas_andrew

I think I didn't explain it clearly. They just filled out the application form. They haven't signed the lease agreement yet. I asked the apartment management to put a hold on it before proceeding any further.

Ok, good. Then now is a good time to stop. Tell the management you no longer wish to sublease. Wipe your hands, consider yourself VERY lucky, and walk quickly away. And never do this again.

[ShaneSA]

You answered your own question with your own suspisions about the deal. If you stopped it, good. Tell the leasing office to deny the app if it has not already been denied.
Maybe you should have the leasing office look for the person to sublet and let them use thier experience to sublet.