Please help-urgent..Really appreciate ur help

[hardee1]

Please help us on this issue, please give us ur advice..
State:-illinois
Subject:-sublease (carpet damage charges)
Lease period: 1 year(we stayed: 7 motnhs, sub-lease:5 months)
Sublease through all legal process by apartment people.

#We offered our furniture with sublease.(both parties agreed)
# aparment people did inspection but didnt move furniture, when we left.
# at the end of the lease--sub leasor, charged for 500$ for damages in apartment.
# We have agreed mutually to share damage expense equally(we and the person who stayed for 5 months after us)
# those who came on sub lease, after us, wants to file papers in court against apartment people for doing inspection without moving furniture, even though we have mutually agreed to share damages equally.
# Can we be in trouble because of their issue with apartment people regarding inspection?? And can our sharing of damages be a problem for us in any case??
# We agreed to share damage expense just because we are in a diferent state and it would be very expensive to visit that state (air ticket, lawyer fees--damages are just for 500$) if they go to court.(we are not at fault --but mutually agreed)
# they are claiming to found a tape(packaging tape) sticked on the carpet where carpet thread came out little bit!---and want to go for finger print..

# I am worried just because they said that they are going to file papers against apartment people for not doing proper inspection(can our sharing of damages be a trouble for us in that case???).

Please help us ..... We are so much tensed because of this issue and really dont know what to do ?? We have never been in any of the legal process and are very simple, honest people.. Can they make an issue of hiding damages underneath the furniture?? I am really scared and worried....

I know its a long -detailed problem but please give us more opinions as soon as u can..... We really appreciate ur time and help(advice)....

Please .....
Thank u very much
HArdee.

[ENASNI]

Originally Posted by hardee1

Please help us on this issue, please give us ur advice..
State:-illinois
Subject:-sublease (carpet damage charges)
Lease period: 1 year(we stayed: 7 motnhs, sub-lease:5 months)
Sublease through all legal process by apartment people.

#We offered our furniture with sublease.(both parties agreed)
# aparment people did inspection but didnt move furniture, when we left.
# at the end of the lease--sub leasor, charged for 500$ for damages in apartment.
# We have agreed mutually to share damage expense equally(we and the person who stayed for 5 months after us)
# those who came on sub lease, after us, wants to file papers in court against apartment people for doing inspection without moving furniture, even though we have mutually agreed to share damages equally.
# Can we be in trouble because of their issue with apartment people regarding inspection?? And can our sharing of damages be a problem for us in any case??
# We agreed to share damage expense just because we are in a diferent state and it would be very expensive to visit that state (air ticket, lawyer fees--damages are just for 500$) if they go to court.(we are not at fault --but mutually agreed)
# they are claiming to found a tape(packaging tape) sticked on the carpet where carpet thread came out little bit!---and want to go for finger print..

# I am worried just because they said that they are going to file papers against apartment people for not doing proper inspection(can our sharing of damages be a trouble for us in that case???).

Please help us ..... We are so much tensed because of this issue and really dont know what to do ?? We have never been in any of the legal process and are very simple, honest people.. Can they make an issue of hiding damages underneath the furniture?? I am really scared and worried....

I know its a long -detailed problem but please give us more opinions as soon as u can..... We really appreciate ur time and help(advice)....

Please .....
Thank u very much
HArdee.

First... breathe... In ... out... In ... out... there you go.

Okay, now explain the wording of the lease/sublease if you can. Some of the paperwork can allow the initial lease holder to be released from responsibility, other times not. (It is clearer in my state).

Who is supposed to be hiding the carpet damage? The subleasor? I don't understand how the landlords not moving the furniture when YOU left makes the subleasor able to file papers?

Calm down and tell me a little more about who damaged what, honestly. And tell me if the $500.00 is above and beyond what the security Deposit was.

$250.00 between the two of you does not seem too much, of course I would love to have that money myself, but it does mean a trip to court for me; so I see your point.

[hardee1]

thanks u so much for ur quick reply.

We left the apartment in mid-june'2005.
# apartment people did their inspection on their own(not moving the furniture was their decision.)
# I dont remember any of the damage to tell u the truth. But new people let us keep some of our moving boxes in their apartment for few days as we moved out early just for their convenience and stayed in a hotel for few days before moving to other state(we dont regret for hotel expense as it was our decision and we both tried to comfort each other by helping each other.) in those boxes, there were packaging material including packing tape. What if that small tape has our finger print?? Are we in trouble than even after sharing damage charges, if they sue apartment people for not doing proper inspection procedure??
# they are really unbelievable people. their lease ended in november mid'2005 and still they are holding this issue.... We were informed about it just 3-4 days back. But they searched a lot for our new phone numbers etc and first called us saying that , they have received some important mails(posts) and got our address.

# we left the apartment in a very clean condition but just worried about that packing tape damage...!

# Now they are claiming to notice damages soon after they moved in, but than why didnt they tell us about it as they had our phone number and we went there to pick our boxes after few days!
# can they play some game by joining hands with apartment people against us due to that packing tape?

Please tell us what should we for our safety, should we ask for some letter from them while paying half charges? Should we pay to them or to apartment people??

I really appreciate ur help..looking forward to ur reply..
Thanks a lot...
Hardee.

[ENASNI]

Originally Posted by hardee1

thanks u so much for ur quick reply.

We left the apartment in mid-june'2005.
# apartment people did their inspection on their own(not moving the furniture was their decision.)
# I dont remember any of the damage to tell u the truth. But new people let us keep some of our moving boxes in their apartment for few days as we moved out early just for their convenience and stayed in a hotel for few days before moving to other state(we dont regret for hotel expense as it was our decision and we both tried to comfort each other by helping each other.) in those boxes, there were packaging material including packing tape. What if that small tape has our finger print?? Are we in trouble than even after sharing damage charges, if they sue apartment people for not doing proper inspection procedure??
# they are really unbelievable people. their lease ended in november mid'2005 and still they are holding this issue.... We were informed about it just 3-4 days back. But they searched a lot for our new phone numbers etc and first called us saying that , they have received some important mails(posts) and got our address.

# we left the apartment in a very clean condition but just worried about that packing tape damage...!

# Now they are claiming to notice damages soon after they moved in, but than why didnt they tell us about it as they had our phone number and we went there to pick our boxes after few days!
# can they play some game by joining hands with apartment people against us due to that packing tape?

Please tell us what should we for our safety, should we ask for some letter from them while paying half charges? Should we pay to them or to apartment people??

I really appreciate ur help..looking forward to ur reply..
Thanks a lot...
Hardee.

I think the whole fingerprint thing is a lot of Malarky. I think you should write them a letter CRRR and say you are going to be sending a letter for 1/2 of the charges( to the landlord) because it is not worth your while to go on a wild goose chase. They were in the place for 5 months if they did not move the furniture to vacuum once or twice in that time, they probably deserve the damage report.

Get ahold of the landlord too and tell them what you are planning on doing and be respectful and apologetic for the buttcheeses you let sublease. ( I am not getting down on you... you get that right?)

Try to get a letter from the landlord that states they will accept this and not hold you liable for the remainder. They have every right too if the paperwork (which I asked you about) does hold you severally and jointly liable for the damage.

Hope this helps.

Others might ring in with their advice...

[hardee1]

Security deposit amount was 300$ which we got back in august'2005.

Suletting & releting(according to lease we signed)

tenant may substitute a new tenant for the balance of the term hereof provide (1) lessor consents to the prospective new tenant, and (2) tenant upon demand pays (a) in advance, the deficiency if the aggregate rent from the relenting for the balance of the new term hereof is less than the aggregate rent then remaining to be paid under this lease , and (b) all permissible expenses of relenting (if any) including decorating, repairs, replacement, commissions and/or administrative fee for performing the details attendant to such a transaction in the amount sent forth above as "reletting chaege". lessor at its option may determine whether said transaction shall be in the form of subletting , assignment or reletting...


Above is written in lease...
I am sorry but I am not good in understanding legal papers much.....
Sorry for trouble....
Thanks a lot....
Really appreceiate it....

[ENASNI]

Originally Posted by hardee1

Security deposit amount was 300$ which we got back in august'2005.

Suletting & releting(according to lease we signed)

tenant may substitute a new tenant for the balance of the term hereof provide (1) lessor consents to the prospective new tenant, and (2) tenant upon demand pays (a) in advance, the deficiency if the aggregate rent from the relenting for the balance of the new term hereof is less than the aggregate rent then remaining to be paid under this lease , and (b) all permissible expenses of relenting (if any) including decorating, repairs, replacement, commissions and/or administrative fee for performing the details attendant to such a transaction in the amount sent forth above as "reletting chaege". lessor at its option may determine whether said transaction shall be in the form of subletting , assignment or reletting...


Above is written in lease...
I am sorry but I am not good in understanding legal papers much.....
Sorry for trouble....
Thanks a lot....
Really appreceiate it....

That is some language... Look Hardee... If you got your security deposit back from the landlord, he felt you deserved it and you were relinquishing the property back to him to re-let to those who subleased.

I think you are waaaaaayyyy out of the picture. I think these people should have done their own inspection and move-in paperwork and they gave up a new Security Deposit correct?

I am thinking these people are really trying to milk you.

I wish others would chime in, its still morning here and I am not sure if the Java has kicked in. But gut feeling is, you are free from responsibilty. The refund of the Security Deposit is what cinched it for me.

[hardee1]

Thank u so much for all ur help....

We feel the same that they are trying to get money from us and just to save our trip to chicago, we agreed for half payment.....! God will teach them a lesson.....

Please guys give us ur opinion on this matter too as our senior member said.....
Thanks a lot Enasi.... appreciate it....