Am I scr*wed in this sublet situation? (Seattle: wood floors, apartments)

[artandscience]

Well, I hope this is not me.

I agreed to rent at Moda Apartments in Seattle in a sublet. The tenant arranged with the Moda folks for me to take over the last four months of her tenancy.

I gave her $500 for her security deposit (still with Moda) and paid Moda $525 as a partial deposit for the apartment. I would not sign the lease until I saw the condition she left the place in. It was a bit dirty and she had damaged the wood floors (actually softwood, not hardwood) with high heels and her bed. So when it came time to sign the lease that evening I said I wanted the move-in checklist to note the damage. The agent told me that I had 48 hours to hand in that checklist and based on that, I signed the lease.

I did a thorough exam of the apartment, listing all the damage and took pictures. I left the list of damages with her and asked that she have her manager sign it and fax it back to me.

When I called today (about 64 hrs later), the assistant manager referred me to the property manager who said that since I had signed the lease, I was now legally liable for the damages caused by the tenant. I explained that while I had signed the lease, I had done so under the representation by their leasing agent that I was protected from claims by identifying the damage.

Her initial position was that I was a sublet, not a new tenant, and that they were a "disinterested" (my words) third party to the agreement. I pointed out that I had specifically asked about the damage, pointed it out to the agent before signing, and had been told that I had 48 hours to notify them of it on the "move-in" form - which I filled out before I left the premises.

I suspect I'm screwed. Morally, I'm right, because I didn't cause the damage. However, I cannot determine whether tenancy is determined in WA state by occupancy or by simple signing of the lease. Is identifying the damage before signing, and not moving in until this is resolved, enough to protect me? Can they win a court case against me if they choose to pursue it.

I said to the property manager that I was still willing to take the property if they either protected me from the damage (explicitly) or simply fixed it by sanding/refinishing, but that I would walk away from my deposit monies otherwise.

I cannot find anything to describe this case on the Internet (seems a bit of an edge case) and wondering if anyone with a legal background could comment on what I can do.

No way am I going to accept paying for damages caused by the tenant when I've never spent a night in the place, nor do I wish to sue anyone.

Any informed help would be very welcome at this point. I simply cannot determine my rights through research.

regards,
Stefan

[Under The Clouds]

I agree that you're in the right. I'm not a lawyer, but even if I were I don't know if I'd rely on specific advice on an anonymous forum. I think you're best move, since it appears that several thousand dollars in future rent owed is at stake (not to mention the cost of repairing the former tenant's damage) is to consult with an attorney. The King County Bar Association can provide a referral to someone who works in this area of law (you'd explain your situation to them, and they'd recommend someone). It'll cost money, though, and I don't know if it'd be worth it for you to possibly walk away from this lease if Moda doesn't relent.

King County Bar Association Home Page

The City of Seattle also has a page for tenants that may help you:

Seattle.gov - Housing and Neighborhoods - Renting

Finally, I'd call, repeatedly if necessary, the agent who told you that you had 48 hours to fill out the damage checklist. It may also be worthwhile to get her broker involved, too.

Sorry to read about your situation and I hope things turn out well for you.

[Redline]

Man, what does the original tenant have to say about all that. Hopefully you did not let her off the hook (unless the damage was there before her). Either Moda is trying to ********* over or she is. It all depends on what you signed, what is says on it and what the sublet laws are.