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Old 04-18-2014, 10:13 AM
 
15 posts, read 52,910 times
Reputation: 10

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Hello everyone,

My story is kinda of complicated and i am very stressful now.

I recently relocated to CT for my job(i am still a phd student).

I shared a apartment with my roommate and i saw her post on craigslist claimed that she works in GE. she signed a one year leasing contract with the leasing office from Nov/13 to Nov/14 and i joined her on Dec/14 and we both signed the leasing contract that she's gonna release me the end of june this year. She told me before i moved in that she paid $2100 deposit to the leasing office which is a month rent and would like to split with me, so i have an agreement with her written: she subleases a room to me, the period, rent, deposit and stuff. I gave her check btw. But later on, I randomly found on the leasing contract that we both signed, she only paid $250 deposit to the leasing office. I fronted her but she is terribly bad person. she doesn't want to show any receipt that she paid that much and she doesn't want to return my money back to me. She cheated me !!! I have lived with her for 4 months now, as far as i know her, she is not a reliable person. So i talked to her that i am gonna move out the end of june and i will not pay you the last month rent since you have my deposit and you do not need to return. But she said she only gives me back the day i leave. What a ridiculous person!!! she is not the owner!!!! I talk to my friends, they all said that she has no right to ask for deposit from me bc she is not landlord and i have a leasing contract with her and the leasing office. well, i should not have trusted her in the beginning. I told all the stuff to the leasing office but they said that since its agreement between us, they will not interfere.
Its now april and i am moving out the end of june, swear not to live with her, but i now want my money back from her. What should I do??? Can I not paying May's rent(which is exactly the deposit amount) and pay the last month rent to leasing office later?

Sorry its a long story but I really indeed need your guys' advice.

Thank you so much.

Best,
Joyce
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Old 04-18-2014, 10:30 AM
 
Location: Portlandish, OR
1,082 posts, read 1,902,511 times
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did you sign an agreement only with her or also with your apartment complex? You paid her $1050 but didn't notice on something you signed that the deposit was $250? Do you pay rent to her or to your complex?
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Old 04-18-2014, 12:02 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,440,049 times
Reputation: 26726
I'm guessing that the leasing agreement you have is a sublease with your roommate which has been approved by the landlord.

It's irrelevant what she paid the landlord as a security deposit for the prime lease but she DID have a right to take a security deposit from you and your friends are wrong in this respect. However, she is legally bound under CT landlord tenant laws to return to you your security deposit within 30 days of your leaving the unit. Don't withhold your May rent unless she agrees in writing to your doing so.

A few days before you walk out of the door and hand over your keys, have her walk through your room and tell you anything she sees amiss or anything you damaged which needs repair. Clean your living area so it's at least as clean as it was when you moved in and take a bunch of dated photographs of the space to show how you left it. Give her your forwarding address and let her know that, in accordance with state law she has 30 days to return your full security deposit.

Some unsolicited advice - keep things between you civil. This is a business transaction. It didn't turn out to be a good situation for you but everything is on the "up and up" legally and if your roommate either fails to return your security deposit in the time frame or makes bogus deductions from it there are apps to cover that too and you can come back to this thread if that should happen!

By the way, CT is one of the states where, if she doesn't return your security deposit within 30 days, you can take her to small claims court and be awarded twice your deposit. Don't share that with her, just keep it in the back of your mind. Good luck!
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Old 04-18-2014, 12:18 PM
 
Location: Saint Paul, MN
1,365 posts, read 1,873,599 times
Reputation: 2987
You are subletting from this woman, so that means she is your landlord.

As your landlord, she has every right to charge you a deposit as long as the amount charged is allowable by statute. One month's rent is a perfectly reasonable security deposit. The deposit she paid to the owners of the complex is completely immaterial. What if you damage the place? Then you move out and she is on the hook for whatever damages you caused. The complex can and will sue her if the damages exceed her paltry security deposit.

If you fail to pay your last month's rent, your roommate can serve you with a pay or quit notice and attempt to have you evicted. Unless specifically allowed by your lease, security deposit is not to be used in lieu of rent. It is intended to cover damages only.

Clean the place so it is spotless when you move out. Do a walk-through inspection with your roommate. If she does not return your security deposit within the time frame stipulated by law--minus any deductions, and with a dollar-by-dollar accounting thereof--then THAT will be the time to take appropriate action.
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Old 04-18-2014, 12:25 PM
 
Location: Saint Paul, MN
1,365 posts, read 1,873,599 times
Reputation: 2987
Looks like STT Resident beat me to the punch. Good luck with your situation. And I agree with the "unsolicited advice" above--try not to turn this into a war. Nothing you described is a problem unless you make it one. Keep things civil and businesslike and weather these last few months with as little resentment as possible.
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Old 04-18-2014, 12:34 PM
 
15 posts, read 52,910 times
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Quote:
Originally Posted by christiner81 View Post
did you sign an agreement only with her or also with your apartment complex? You paid her $1050 but didn't notice on something you signed that the deposit was $250? Do you pay rent to her or to your complex?
actually we both signed a leasing contract with the leasting office and we are both lease holders now.
originally I intented to sublease from her then yea i should pay deposit to her, but the leasing office has the policy that i cannot do that unless my name is on the leasing contract which means that I am lease holder either. but yea, I have a agreement with her either(tenant and sub-tenant stuff.
For the $250 deposit, she cheated me on that: she claimed that she paid $2100 which is a month rent and when we both signed the leasing contract, the leasing agent didnt metion that either! Now my roommate she notified me that she is going to move out the middle of may but she doesnt want to return the deposit i paid to her the day she leaves. That's why I doubt her intention.
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Old 04-18-2014, 12:54 PM
 
15 posts, read 52,910 times
Reputation: 10
Quote:
Originally Posted by STT Resident View Post
I'm guessing that the leasing agreement you have is a sublease with your roommate which has been approved by the landlord.

It's irrelevant what she paid the landlord as a security deposit for the prime lease but she DID have a right to take a security deposit from you and your friends are wrong in this respect. However, she is legally bound under CT landlord tenant laws to return to you your security deposit within 30 days of your leaving the unit. Don't withhold your May rent unless she agrees in writing to your doing so.

A few days before you walk out of the door and hand over your keys, have her walk through your room and tell you anything she sees amiss or anything you damaged which needs repair. Clean your living area so it's at least as clean as it was when you moved in and take a bunch of dated photographs of the space to show how you left it. Give her your forwarding address and let her know that, in accordance with state law she has 30 days to return your full security deposit.

Some unsolicited advice - keep things between you civil. This is a business transaction. It didn't turn out to be a good situation for you but everything is on the "up and up" legally and if your roommate either fails to return your security deposit in the time frame or makes bogus deductions from it there are apps to cover that too and you can come back to this thread if that should happen!

By the way, CT is one of the states where, if she doesn't return your security deposit within 30 days, you can take her to small claims court and be awarded twice your deposit. Don't share that with her, just keep it in the back of your mind. Good luck!
Thanks for your reply.
Yea, the leasing agreement I have with her is subleasing from her and that my orginal intention. But the leasing office has a policy that i cannot do that unless I am the co-lease holder with her. So we signed a leasing contract with the leasing office that we are both lease holders, but my leasing period is only till the end of june).
The leasing office doesnot care about our PERSONAL agreement, what they care is that both my name and her name are on the leasing contract. In this case, does it count as sublease? does she still have the right to get my deposit?
I am willing to pay her half of whatever she pays. she cheated on the $250 deposit. But having been getting along with her for almost 4 months now, dont really think that she is a reliable person. And she told me last week that she is going to move out the middle of may to NY so I discussed with her that if you are gonna leave then you should return my deposit and I can pay my rent to the leasing office instead. (how we work out is that she pays the rent to leasing office and I pay her mine monthly).
She said no and she told me to reach out to her when i leave. but i concern is that where am i gonna find her?
and also, she split her coffer onto the carpet in living room, i remind her to clean it asap but she didnt clean it after a loong time and now she denied and said that its my stain. omg, she is just ridiculous!!

I am not positive that she will return my deposit to me the day i leave or she will want me to share whatever damage she caused.
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Old 04-18-2014, 01:15 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,440,049 times
Reputation: 26726
I'm confused. Your roommate is moving out in May? I thought her lease wasn't up until November? Does the management company know of her plans?

You're in the clear as your co-lease agreement with the management company is until June 30th. BUT, she cannot simply move out of the apartment and then tell you to "get in touch" with her when you leave where your security deposit is concerned. Unless you can get this sorted out with her I strongly suggest you get all your paperwork together and have an initial consultation with a good real estate attorney. If she won't give you a straight answer about her arrangement with the leasing company I would also let them know what's going on. If she moves out in May and doesn't pay rent for June, YOU are on the lease until the end of that month and are legally liable for that month's rent in total.

She may well be pulling a scam on you.
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Old 04-18-2014, 01:30 PM
 
15 posts, read 52,910 times
Reputation: 10
Quote:
Originally Posted by STT Resident View Post
I'm confused. Your roommate is moving out in May? I thought her lease wasn't up until November? Does the management company know of her plans?

You're in the clear as your co-lease agreement with the management company is until June 30th. BUT, she cannot simply move out of the apartment and then tell you to "get in touch" with her when you leave where your security deposit is concerned. Unless you can get this sorted out with her I strongly suggest you get all your paperwork together and have an initial consultation with a good real estate attorney. If she won't give you a straight answer about her arrangement with the leasing company I would also let them know what's going on. If she moves out in May and doesn't pay rent for June, YOU are on the lease until the end of that month and are legally liable for that month's rent in total.

She may well be pulling a scam on you.
That's exactly what I am worried about and I asked so many times about what she is going to do and she didnt give me a direct answer for that. Yes, I told everything to the leasing office and they reached out to her but she didnt pick up the phone. right now the leasing office charges the rent from her card every month and I pay her mine. And based on what the leasing office agent says: I only need to stay up to my period and then its all her responsibility afterwards. The reason why i want to hold up to may's rent is that i really dont know her intention or maybe she just disappeared someone without telling me! and also she has my money which is may's rent. I am just wondering if her holding my money given she is not landlord is legal?
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Old 04-18-2014, 02:21 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,440,049 times
Reputation: 26726
Quote:
Originally Posted by lepapillon_elizabeth View Post
1. And based on what the leasing office agent says: I only need to stay up to my period and then its all her responsibility afterwards.

2. I am just wondering if her holding my money given she is not landlord is legal?
1. That's not the point I was making. Re-read what I wrote about June's rent in my last post, second paragraph last sentence.

2. Again, re-read what I wrote about your security deposit, post #3 second paragraph..
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