what do i do ?

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plower

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I had a one month sublease agreement with the tenant and he told me that the he had informed of the sublet to the landlord

the landlord came and took copies of the lease agreement btwn me and the tenant and copies of the bank draft to the tenant

the landlord told me i was illegal and he will have me evicted . he has harrased me and threatened that he will come after me

what do i do ? i am stuck as i payed the rent and 1700 deposit to the tenant and i have the copy of the lease and bankdraft

can he evict me ? can he claim rent from me even though i have payed it to his tenant already ?
 
It would appear as the lease holder didn't have permission to sublet to anyone. The landlord can evict you and the lease holder if he wishes. The best thing you can do now is move as soon as possible, and hope the lease holder will return your deposit and a pro rated amount of the rent for the days you are not there. If it is not returned, you may have to sue in small claims court. Just remember, when you win in small claims court, you will get a piece of paper saying the money is owed to you and then you have to collect on it which is the hard part. A lawyer can handle it all, from filing in court all the way through collection of the judgment and you add the fees onto the damages you are claiming. Your sub lease isn't legal if it is not allowed, thus you would have a pretty good case if you can prove it wasn't allowed by the property owner. If you talk to the owner and agree to leave on your own free will, he may help with the proof part. I am sure he'd rather not spend the time and money to evict you if you agree to leave before it comes to that.

To answer your second question. If he wishes to let you stay, he would want an agreement between you and him, and you to pay him. He would not be concerned that you paid his tenant, you would have to get the money back on your own. However, you could choose not to take him up on the offer to give you a lease agreement, and move if the terms aren't to your liking.
 
thanks so much for the help

any idea who do i give the keys to now? and the tenant has disapperared and his wife came and took most of the furniture out

how do i end the contract because it is in her husband's name and he has disappeared although i have told the wife that he is the one who needs to end it
 
Yes, the contract was never valid to begin with. If you know how to reach the owner, I am sure he would like to have the keys, if not give them to either the husband or wife and have them sign off that you gave them the keys. Hopefully you don't have to battle to get the monies owed to you.
 
yes no doubt its illegal and really appreciate your help
but since they are not responding i might have to go through the court
they already have a hearing as they are being evicted by landlord will that help my case

and there is still the tenant's stuff in the house so can i give the keys to the security instead
 
Giving the keys to the security shouldn't be a problem, I would get something in writing saying you gave them the keys though.

Court may be your only avenue to a remedy if they are ignoring you. Them being evicted for violating the lease by doing the sublease certainly doesn't hurt your chances.
 
the situation now is that
landlord just sent a notice to the flat and wants me to pay the rent of this month even though we have vacated the apartment
we have the keys but thats so that the tenant returns our deposit back

what should i do now ? any suggestions?
 
plower said:
the situation now is that
landlord just sent a notice to the flat and wants me to pay the rent of this month even though we have vacated the apartment
we have the keys but thats so that the tenant returns our deposit back

what should i do now ? any suggestions?
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Return the keys to the landlord and explain what happened.
Deliver a letter explaining everything.
Ask the landlord to sign for the keys, so you will have proof of their return to proper authorities.
You'll never voluntarily get the deposit back from these deadbeats.
You'll have to sue them, but they won't pay.
Heck, I doubt that you could even find them to sue them.
Its time to cut your losses, and get as far away from these shysters as you can!
 
Don't pay the rent. You aren't there and don't owe anything. Besides, if the landlord accepts your rent then you will become a tenant and you will have a right to occupy the apartment. You would essentially have a month to month agreement and he would have to find cause to evict you.

Anyway, your possession of the keys is a matter for the landlord to take up with the initial tenants who gave the keys to you. You are not at all responsible for the keys.
 
thanks so if they try claming rent from us we just have to show that we vacated their property because they have called us to court too in addition to their tenants
we have our motel receipts from the day we moved from the flat into the motel
 
So they are claiming you were an illegal tenant AND they want rent from you? In this case they can't have their cake and eat it to. You are not obligated to pay them anything, and any rent dispute would be between them and the legal tenant. If you being dragged into the dispute with them and the actual tenant, show up to court and bring ALL evidence(including any and all receipts of what you paid the legal tenant) that you can to support your side of the story and you should be in the clear.
 
If the landlord wants to claim unpaid rent from you after ordering you out, you could likely make a counter claim to recover the cost of the motel you have been staying in.

That would probably just make a mess of things though. You don't want anymore involvement with this landlord. Don't pay anything unless ordered by the court... which won't happen.
 
I just read about your situation, sorry. But if you have not gone to court yet, it would be a great idea to file your lawsuit against the tenants so it can all be heard by the same judge at the same time. Most likely, they won't show up and you'll win by default. That would be ideal and save you time and hassle.
 
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