Tripod: Work & Money Dilemma

posted May 9, 1996

submit your own work & money dilemma

check out the dilemma archive

hen I first moved to the city my boyfriend and I found the perfect apartment to sublet. Within the first 2 months we realized that the woman we had subletted from had lied to us about having gotten permission from the landlord to sublet and so the lease we signed with her was illegal.
She called us last month saying she wanted to break her lease and asked whether we wanted to stay or move out. We found a new place (legal this time) and are anxious to move. We told her we had a new place and planned to move out at the end of June.
She is now saying that she doesn't want to break her lease so we are breaking the lease and will owe rent for the remaining months. She'll probably keep our $400 dollar security deposit, too. We are afraid that once we move we will be sued by her or her landlord for damages done after we left (since the landlord won't be in to inspect until the lease is up later), that she will not return our security deposit, or that she will come after us later for more rent money. We are unsure as to whether we should notify her landlord of the situation to protect ourselves since she has repeatedly lied to us and cannot be trusted.
HELP!

Kalvar: If she rented the apartment to you illegally in the first place, your rental agreement is not valid. You probably could just leave and not be sued at all, but just to cover all loose ends, I'd contact her landlord, and possibly the city agency in charge of leases and lease agreements (depends on area) to make doubly and triply sure before you actually move out. Basically, she is trying to get money out of you with an illegal contract. You aren't bound by it. Jeanne.

pravesh: Hi there -- To think the world is small, I was in a similar problem. However I had the advantage of a reasonably fair municipal govt. in Canada. There is a "Reggie" or the Municipal commisioner to whom I narrated my whole story and filled in a formcstating that I was not responsible for the house and the illegal lease is null and void. See if you have such a person in your area and ask him/her to advise in this matter, I am sure there are provisions which are there to help you out. Good Luck

Piason: Contact a lawyer and for a one time fee have him/her send the landlady a registered letter stating the facts of the case. If she is smart and sees that you're not messing around she will back off. If the deal was illegal from the beginning the contracts are null and void.

rosvicl: It sounds as though you're caught in the middle here. If possible, consult a lawyer and find out what the rules are where you live. Housing law varies a lot from place to place. (There may be a legal clinic run by an area law school that would give you inexpensive advice.) I don't think the landlord would sue you, since the only contract you ever signed was the illegal sublet. (By the way, are you sure the sublet was illegal? The subletter might be lying to you about this.)
If you have any further conversations with the person you sublet from, get them on tape. That way you're covered if she changes her mind yet again. (This is legal if you tell her you're doing it: if she objects and won't talk on tape, tell her to put things in writing instead, because you want a record of the situation.) Bear in mind that this woman is not your friend: you aren't out to get her, but you do need to protect yourself.
Frankly, I suspect the only way you're going to get your security deposit back is by treating it as your last month's rent.

Bohdan: Jeanne's response is about the best advice you can get. Without spending to time and effort on your part, contact the Mayor's Office of Apartment Renting. They must have some thing of that nature where you're at. As for the legality of the sublease, why didn't you contact the Landlord from the beginning to find out if a sublease is legal? Most places don't allow this at all. The possibility of being sued by this jerk that subleased the apartment to you is remote, especially if they were not allowed to sublease the apartment in the first place. As for your deposite, small claims court can help your there if the illegal subleaser refuses to return your deposite. Above all, keep these simple words in mind before to except a sublease from any one, "Renter Beware." Best of luck in the future.

Aime: That same thing happened to me and my girlfriend. If it wasn't for her we would still be arguing with the landlady. My advice to you is to, Phone up your local Landlord and Tenant agency and speak with someone about this issue. We got off lucky because I asked her husband if he would waive this contract. He understood that she was trying to take advantage of us. It is also important to get anything they tell you in writing. This way you have proof.

Pauen: GET IT IN WRITING!!! Write a letter to your landlady, send a copy to the owner. Tell them that you are moving out and expect a refund of the security deposit. Request a final walk-through to inspect for damages. Get in writing any damages that exist. This will protect you if there are any problems. As far as your lease goes, If you signed it, treat it as legal. If the sublet was illegal, the problem is with the owner and original tenant. In summary, follow the letter of your contract and get any communications in writing.

Map | Search | Help | Send Us Comments