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Subletting without signed agreement

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shailiparmar

Junior Member
What is the name of your state (only U.S. law)? NJ (took place in MA though)

Two girls needed a third roommate to live in an apartment. We worked out an agreement whereby I would sublet the apartment for the months of September to December 2009. Next, they asked me to write a check to the apartment complex in the amount of $3181. At that time, they said that this amount represented the cost of the first and last rent, as well as a portion of the security deposit. In actuality, and without my knowledge, that quote included numerous extraneous fees such as a realtor fee. Nonetheless, I agreed to write a check to the apartment with the understanding that once I vacated the apartment, they would refund me a total of $1578. Essentially, they agreed to provide me an advance on the security deposit that I had paid to apartment since I would not be receiving this money from the apartment itself (since i was not under the lease)

The only reason I agreed to pay that amount and, eventually move in with them, was because they offered to pay me back at the time that I vacated the apartment. Unfortunately, after I moved out, I did not receive the refund that they had promised. Now a series of e-mails and phone calls have followed. These e-mails, along with our conversations, evidence the fact that I had an agreement with them.

The girls are now saying they will not return my money until August, when the deposit will be returned by the apartment. They do not know how much they will be receiving, which gives me the impression that they can easily lie about how much money will be returned to them. I have left the apartment, so any damages the new tenant does (the person who took the room I had for 4 months) will be taken out of my security deposit. They had promised to return my money once I left. Now, they are saying that since we never had a signed agreement and since I paid the money to the apartment itself, they have no legal binding to return my money if they choose not to (also because i am not part of the lease). I have email as proof showing that they said they would return the money to me. I do not expect the apartment complex to return my money, but the girls who had promised that they would. Is there any way I can take them to court with emails as evidence that they owe me money? They keep trying to involve the apartment complex as having the security deposit now so that they cannot return the money to me, etc. but that was never part of the deal.
 



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