Subtenant's rights under illegal sublease?

[allergic]

Hello,

I was subletting in an apartment where the master tenant's lease does not allow for subletting, however, the landlord gave verbal permission for me to live there.

I am now in a dispute with the master tenant because they are refusing to return my share of the deposit which I paid to them.

From what I can see, the risk of an illegal sublease lies only on the master tenant, not their tenant. As in, the only risk is possible eviction. Now that both of us have moved out of the apartment, can I still sue her for my deposit back? Even though she was acting without written consent when I moved in (as her lease specifies), she still has to abide by master tenant laws right?

Thank you

 

[tpajet]

The problem is going to be proof. What do you have in writting from her on this? And if the landlord only gave verbal permission, you would need a witness to that fact. All they would have to do is deny this and show the signed lease.

Bottom line is it's going to be a case of your word against theirs, and with the lease, their word is going to have more weight.

 

[allergic]

I have bank records and the master tenant, in writing, refusing to return the money & simultaneously acknowledging that the exchange did take place.

So, assuming I have proof, how (if at all) does the legality of the sublease effect my case?

 

[Gail_in_Georgia]

Proof of course, certainly swings the chances of a successful outcome of a lawsuit in your favor.

Gail

 

[tpajet]

I have bank records and the master tenant, in writing, refusing to return the money & simultaneously acknowledging that the exchange did take place.

So, assuming I have proof, how (if at all) does the legality of the sublease effect my case?

In your first post you didn't mention anything about having something in writing from the master-tenant. If you had some sort of lease agreement, then you would have basis to get your money back. Just having checks written is not enough. You need to have something showing that you did in fact pay a deposit that is now due to you.