Sub let backs out (apartment, agreement, legal, transaction)

[franrocco]

I found someone to sub let my apartment. She gave me a check for 4 months rent. I turned down many other potential sub letters. One week before she backs out and wants a full refund. Am I entitled to at least one months rent until I find another person to sub let?? She signed nothing.

[Redraven]

If it isn't in writing, it didn't happen.
I would say give her the money back, and learn a lesson from it!
ALWAYS put financial transactions in writing! The written agreement should always include a penalty clause , but under certain circumstances the penalty should not apply, and in some cases can not legally apply (military orders, for instance).

[Mr_Geek]

That person is very trusting giving you 4 months rent with nothing in writing. I'd probably just give it back to in order to avoid problems but you could definitely be mean since nothing is in writing.

[ZackRyder]

Technically you could keep the whole thing and make her sue you to get it back. I would tell her that you will give her 3 months back and you want her to sign something that she agreed to this. If she doesn't agree, tell her she will have to take you to court to get her money back.

[luv my dayton]

Technically subletting isn't legal without the landlords knowledge. Many people have gotten the shaft in these deals and sounds like this one already is. Why would did you require that much advance rent then still think of charging another month.Don't be surprised if you have to show up in court. You even managed to make sure their was nothing in writing . Give money back except for one month.