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Sub-lease, money owed, sue???

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Ryalp

Junior Member
What is the name of your state (only U.S. law)?
California

I had a 'friend' who, after hearing of my desire to rent an apartment, offer to lease an apartment in his name and allow me to live there. As we all know, this is sub-letting which I now know is illegal in California.
In either regard, I did not sign a single paper regarding this arrangement with him or the apartment complex. My signature is on nothing.
He paid a majority of the move-in costs, ie. deposit and 1st month pro-rated rent.
As payment for this arrangement, he asked for videos in an 'adult/sexual' nature of MYSELF ALONE and photos, and so I agreed. I did give him a few videos and several photos.
I only lived in the apartment for 2 months, when I contacted him and told him that I had a check cashed on my account from 7 months prior (totally different story) and it took a large chunk of money out unexpectadly. I told him the rent would be 3-4 days late and could he contact the apartment manager to tell them so that they dont think its not getting paid and begin an eviction process. He said he would contact them and never did. I asked him several times to do so, and he kept saying he would do it later until it got last minute, he blew up and said he shouldnt have to bail me out if I 'f*** up' and that this apartment 'isnt his problem' and for me to contact them myself. I told him, I didnt sign the lease so I cant make financial arrangements and that I have no legal/financial authortiy over the unit and it's his responsiblity to call them, otherwise he may end up with an eviction because the apartment may think the rent is intentionally not being paud. I also reminded him that when he signed that lease he took all legal/financial responislbity of the unit and he took it as a threat. He said he was sick and his throat hurt so he couldnt physically speak to make the phone call and for me to figure it out. And I knew since I wasnt on the lease I could do nothing as far as arranging anything with the management.
At this point, I moved out because I knew he wasnt going to call and I didnt want anymore trouble. I told him he would suffer the consequences and I told him I was leaving immedietly to try to help him avoid an eviction. (I still attempted to be civil)

Now he is saying I owe all the money due on the apartment and he wants any/all money he put toward the apartment back, and any gifts he gave me (toys for the videos) and I said no. I believe that the toys were gifts (and who would want those back anyway?) and the money he put toward the apartment was a gift as well, as he never did say he wanted it back until he got mad. In fact, he asked for a 'dance' in leiu of the money he put up for the move-in costs. I never even saw the money; He purchased a money order and gave it to the apartment himself, he never gave it to ME, so technically he paid his 'own' deposit? He didnt GIVE me any money at all. (This is a technicallity, right?)
I think this problem with the apartment is his fault. I did my part, as much as I could given the circumstances, in requesting he notify the apartment of the late payment as I went to him as my 'manager' and in fact, I had the rent money the day I said I would have it. I felt he avoided reconcilling this for some personal reason, perhaps I caught him on a bad week, but in either reagrd I was forced to move out when I asked him to make a simple call and when I had the rent money like I said I would.
Now money is due per the early termination of the contract, plus the pro-rated rent for the portion of the final month in occupancy and I dont feel I should pay it to him. I dont feel I should give him anything.
I did say that I would pay him back $100some-odd that he leant to me and I have told him that yes, I said I would pay that back and I will. But that is all I feel I owe him.

Am I right?
And if he were to sue me, how would that possibly work? Would I be forced to pay the apartment his fees? or pay the money back to him?
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)?
California

I had a 'friend' who, after hearing of my desire to rent an apartment, offer to lease an apartment in his name and allow me to live there. As we all know, this is sub-letting which I now know is illegal in California.
In either regard, I did not sign a single paper regarding this arrangement with him or the apartment complex. My signature is on nothing.
He paid a majority of the move-in costs, ie. deposit and 1st month pro-rated rent.
As payment for this arrangement, he asked for videos in an 'adult/sexual' nature of MYSELF ALONE and photos, and so I agreed. I did give him a few videos and several photos.
I only lived in the apartment for 2 months, when I contacted him and told him that I had a check cashed on my account from 7 months prior (totally different story) and it took a large chunk of money out unexpectadly. I told him the rent would be 3-4 days late and could he contact the apartment manager to tell them so that they dont think its not getting paid and begin an eviction process. He said he would contact them and never did. I asked him several times to do so, and he kept saying he would do it later until it got last minute, he blew up and said he shouldnt have to bail me out if I 'f*** up' and that this apartment 'isnt his problem' and for me to contact them myself. I told him, I didnt sign the lease so I cant make financial arrangements and that I have no legal/financial authortiy over the unit and it's his responsiblity to call them, otherwise he may end up with an eviction because the apartment may think the rent is intentionally not being paud. I also reminded him that when he signed that lease he took all legal/financial responislbity of the unit and he took it as a threat. He said he was sick and his throat hurt so he couldnt physically speak to make the phone call and for me to figure it out. And I knew since I wasnt on the lease I could do nothing as far as arranging anything with the management.
At this point, I moved out because I knew he wasnt going to call and I didnt want anymore trouble. I told him he would suffer the consequences and I told him I was leaving immedietly to try to help him avoid an eviction. (I still attempted to be civil)

Now he is saying I owe all the money due on the apartment and he wants any/all money he put toward the apartment back, and any gifts he gave me (toys for the videos) and I said no. I believe that the toys were gifts (and who would want those back anyway?) and the money he put toward the apartment was a gift as well, as he never did say he wanted it back until he got mad. In fact, he asked for a 'dance' in leiu of the money he put up for the move-in costs. I never even saw the money; He purchased a money order and gave it to the apartment himself, he never gave it to ME, so technically he paid his 'own' deposit? He didnt GIVE me any money at all. (This is a technicallity, right?)
I think this problem with the apartment is his fault. I did my part, as much as I could given the circumstances, in requesting he notify the apartment of the late payment as I went to him as my 'manager' and in fact, I had the rent money the day I said I would have it. I felt he avoided reconcilling this for some personal reason, perhaps I caught him on a bad week, but in either reagrd I was forced to move out when I asked him to make a simple call and when I had the rent money like I said I would.
Now money is due per the early termination of the contract, plus the pro-rated rent for the portion of the final month in occupancy and I dont feel I should pay it to him. I dont feel I should give him anything.
I did say that I would pay him back $100some-odd that he leant to me and I have told him that yes, I said I would pay that back and I will. But that is all I feel I owe him.

Am I right?
And if he were to sue me, how would that possibly work? Would I be forced to pay the apartment his fees? or pay the money back to him?
**A: I don't know if you are right since I am totally confused over your long winded post.
 

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