Consumer Law, Warranties subleasee broke contract... what can i do? please help

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elamour

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Anyone at all that can give me any advice or assistance, please do. I know nothing about this; I'm 19 years old and am ignorant of how to deal with situations like this. PLEASE help me.

I moved out of my old apartment into a new one on May 1. I asked the landlord of my old apartment if I was allowed to sublet. He said I could, but it would be my responsibility to keep track of who I subleased to.

I signed a contract with a woman agreeing to sublet my apartment to her from mid May through the end of August (the end of my lease on the old apartment). I do have copies of the signed contract between her and I. She paid me a security deposit which would be returned to her in August. Three days after signing the contract, she contacted me and told me she might have found a more ideal living situation, knew it was her responsibility to find a replacement in the sublet due to the contract, and said she had found someone. Halfway through the month of May, I heard from one of my x-roommates that she had completely backed out of the sublet. I contacted her to find out if it was true, and she told me that she was completely breaking the contract because her plans changed and she didn't want it anymore and refused to make payments on it.

Unsure of my rights, I consulted the realtor that had helped me find my new apartment. She told me I could take this woman to small claims court for the amount of rent she owes me for breaking the contract, and she also contacted an attorney on my behalf who told her the same thing. I contacted the woman I had the contract with and told her I would take her to court if we could not reach a settlement, and named two months rent as an appropriate settlement (I would keep her security deposit and asked for only an additional months rent).

I have now received a letter from an alleged attorney hired by this woman telling me that I am to no longer contact her about the situation, and that I must send the attorney a refund of her security deposit back to him immediately. I have kept copies of all our correspondence, and I also have a hard copy of our SIGNED agreement.

I'm scared, and unsure of what to do, as I cannot afford 2 apartments over the summer, and I do not think it's fair that she can just back out of our contract like this. Please help me.
 
What state are you in?

Your state might have specific laws that govern what you can and can't do here. It will help if you tell us where you are.

Yes, the sublesee effectively took on the responsiibilities of being a tenant in that apartment. Shes being a jerk for backing out and leaving you in a bind. It isn't fair. But as a sublessor, you still are responsible to your landlord for the rent. That's always the risk when you sublet. Err, it seesm odd that she shes refusing to speak with you except through the lawyer.

*Some* states might allow you to withold the security deposit against unpaid rent. (Others won't). Call your state attoney general's office to find out about that. They may also have other suggestions. If you can withold rent, draft a letter to her lawyer, saying you have a written agreement about a sublease and you are witholding the security deposit (then decide if you want to file a claim for the rest of the money).

If you can't hold the security deposit, you may have to take her to small claims court. You'll have to notify the lawyer about that in writing. If she files first you can file a counter claim.

Even if you can't get any money out of her your landlord has an obligation to you to mitigate damages. Meaning he has to start looking for a new tenant, so you're not on the hook for rent all summer.

Ibis
 
Try the State Attorney General's Office

In my experience, the Mass AGO is pretty helpful answering basic questions about the law and telling you where to go next. (BTW, I'm assuming that the paper you have spelled out the terms of the sublease and both of you signed it. )

AFAIK, in MA you can deduct unpaid rent from the security deposit, but ask the AGO to confirm this because you are subletting. In theory you should have put the security deposit in an interest bearing account, so at the end of her lease she would get the deposit and the interest.

You may want to consult a lawyer and have him or her draft an appropriate reponse notifying the other lawyer you will be applying the security deposit towards the unpaid rent.

Here the website for MA AGO:
http://www.ago.state.ma.us/
 
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