Am I Liable?

[AJester]

I recently moved out of an apartment back in late April of this year and into another apartment. I had a subletter taking over for my apartment just like I had taken over the apartment in the same manner from original person. Like I did, the person signed a new leasing agreement on the 17th of April alongside me while I signed and dated a check for the subletting and re-leasing of my apartment. I was told that the process would be taken care of and that I was to move out prior to May 1st, so that the new tenant taking over could move in. My subletting fee was cashed on the 26th (9 days later), and I moved out on the 29th, just 48 hours prior to the new person taking over. On the 29th, (the moving process took several days and multiple trip between Houston and college station), I turned in my keys in person to the office. Upon turning in my keys, I asked if everything had been taken care of and if there was anything left that I could do. I was told that everything had been taken care of, thanks for being a resident, hand over my keys and if I needed anything in the future to contact the apartment. I received notification on June 25th (roughly 2 months after leaving) in the mail that I had a final account balance of well over 3,000 dollars for re-letting fees, accelerated rent, etc. I called the apartments that night at roughly 1AM (I had just taken a red eye back from LA), and left a message in person. I then called and left message on Friday, Monday, and Tuesday, before getting am email saying that they're standing by their decisions. After multiple emails and multiple phone calls, I finally spoke with the apartment manager. They said that the person trying to take over had not been approved and they they had tried to contact me but left messages. My phone records show that their are no calls from them, and if they tried to reach my old cell phone number (they have my new one) there is no option to leave a message. Needless to say, it took more than 2 months for them to contact me (as an added bonus, they mailed the final account balance to the apartment that I no longer lived in and they had "moved me out of"). What are the needed steps to take care of this, as I do not want this on my credit score. I have copies of all my rent checks showing I pay early, the copy of the subletting fee, and my phone/email records showing my dedication and their lack of getting in touch with me. Also, the current apartment I live in did a resident check with this apartment on the 21st (4 days after I signed the subletting check) and was told in writing that I pay on time, have no NSF checks, and am in good standing.

 

[Gail_in_Georgia]

Their contention that the person subletting this rental unit had not been approved makes no sense if management allowed them to sign a leasing agreement (as you stated you saw them do) prior to your vacating the rental.

What did they tell you that they would do if you do not pay their claim of $3000?

Gail

 

[AJester]

That they would file with a collections agency...I'm not too sure how willing they are to go through with it, but not something I'd like to escalate.

 

[Gail_in_Georgia]

I would send a formal letter to the apartment manager, disputing that you owe these fees and include a copy of your check/documentation that you paid the subletting fee. Send it registered mail so the manager has to sign for it.

Another option is to hire an attorney to send the same type of letter (this should not cost you very much). Often the power of such a letter backs folks down. Attorney write these types of letters all the time.

I suspect that the subletter they approved ran out on them and they're trying to get back rent from anyone they can.

Gail

 

[AJester]

Where might I contact one of these attorneys? Having been a responsible citizen, and never having dealt with legal issues I'm kind of new to this whole issue. Also, the apartment said that they declined to accept him as a resident, but I was never informed of this even though following up with them in person in the office. If it does end up going to small claims court, would a polygraph help from a certified examiner stating that I never received notification and took the right steps as I was instructed by the office?

 

[Gail_in_Georgia]

Most attorneys have written this type of letter.

There would be no need for you to take a polygraph. You have documentation that you signed off on the rental unit, releasing you from this lease.

It was not up to you to approve the new tenant. The fact that management allowed you to sign off the rental unit is evidence that they accepted the new tenant.

Gail