I need help asap!

[Ambarret]

What is the name of your state? Arizona.

So my situation is somewhat confusing but I will try to make it as clear as possible.

I saw that a room was for rent in the place that I am currently renting. When I came to look at the house, I was told that everyone downstairs (4 of us) paid $450 per month and the person with the master bedroom paid $700. My calculations told me that that made the total rent on the house $2500. To pay $450 in a gorgeous, 4300 square foot house seemed reasonable so I agreed to it. Since I moved into the house halfway through the signed lease, I did not sign the lease and there was no written agreement.

For the last 5 months I have faithfully paid $450 in rent every month, on time. The lease is over at the end of this month but 3 of us (including me) are deciding to renew. The girl who's name is currently on the lease gave us the lease paperwork to get done and we came to find out that the total rent on the house is actually $1800 and only 3 of us downstairs were really required to pay $450. After doing more calculations, I realized that I have paid $450 MORE than I should've had to (if rent was split completely equally). On top of that, I also paid a $225 deposit that I was informed is fully refunded if the landlord gave it back even though the original deposit had already been paid upon signing the lease. I told the girl that I refuse to pay rent this month because I was lied to regarding how much the total rent was. I don't feel that I should have to pay another month of rent. I understand that it is legal to RAISE the rent or to charge whatever she wants if she doesn't tell me what the total rent is but is it legal to LIE in order to charge me more? She is also refusing to give my deposit back so basically she wants me to pay rent AND keep my deposit.

After reviewing the lease paperwork we were given (and it is the same as the one that was originally given to her), it states that she is not to sublet any part of the house without written consent from the landlord and if there is any intent to on either side (landlord or tenant) to end the contract (even month to month), 30 days notice must be given.

Now she is saying that I either have to pay rent by Friday or I have to move out until the new lease starts in July because her name is on the lease and she has the right to kick me out. So here are my questions:

- Am I entitled to refuse to pay rent if the rent amount that was given to me was not the true amount?

- Since I am on a month to month verbal agreement, how much time is she required to give me to move out if I choose to do so since she is not actually the landlord and the sublet was never approved?

- What are my rights where the deposit is concerned? And what are my rights where the other extra money that I've paid is concerned?

 

[Andy0192]

To pay $450 in a gorgeous, 4300 square foot house seemed reasonable so I agreed to it.

$450 seems like a good price in any market for a gorgeous living space. Would you feel that you owed more if you had found out the actual total rent had been higher ?

I don't feel that I should have to pay another month of rent. I understand that it is legal to RAISE the rent or to charge whatever she wants if she doesn't tell me what the total rent is but is it legal to LIE in order to charge me more?

If you want to continue living there, yes, you must pay rent. Do you have some type of written proof that you have been lied to? Or is this just a he said/she said argument? People listen to the things they want to hear, and often ignore the rest.

If you like where you live, forget about "feelings" and enjoy your inexpensive living arrangement. If you want to make a point, better read up on your state's LL/Tenant laws. You're going to find you don't have much entitlement to anything except your security deposit.

Good luck.

 

[COlandlord]

It doesn't matter at all what the total amount of rent is. You have a written agreement for $450 and must pay it regardless of what others in the house are paying. Pay your rent and negotiate at lease renewal if you want...however, the lessor has NO obligation to lower your rent amount.

Curious..does your rent cover utilities?

 

[Ambarret]

$450 seems like a good price in any market for a gorgeous living space. Would you feel that you owed more if you had found out the actual total rent had been higher ?

No...$450 was reasonable to me because there are 4 of us downstairs and all of the rooms are equal size so it seemed fair that we all paid the same amount of $450. I was told that the person with the master bedroom, which is literally twice as big with a private bathroom, paid $750 and that too seemed reasonable. But once I found out that only 3 of us downstairs were actually paying $450 per month, when doing the real calculations of $1800 rent, the 3 of us were paying half of the other 2 girls' rent. I don't think that that is fair.

If you want to continue living there, yes, you must pay rent. Do you have some type of written proof that you have been lied to? Or is this just a he said/she said argument? People listen to the things they want to hear, and often ignore the rest.

I do have proof that I was lied to because I had someone with me when I went to see the house and they heard the exact same thing as I did. The other 2 people that were conned into paying $450 were also told straight out that the rent was $2500, until we received the lease paperwork and found out otherwise.

It doesn't matter at all what the total amount of rent is. You have a written agreement for $450 and must pay it regardless of what others in the house are paying. Pay your rent and negotiate at lease renewal if you want...however, the lessor has NO obligation to lower your rent amount.

Curious..does your rent cover utilities?

No, rent does not cover utilities. I was told that utilities are all split equally 5 ways, which really has been the case. I DON'T have a written agreement for $450 and the person that I pay rent to isn't even the landlord. She is the person on the lease that pays the landlord after collecting from everyone. In fact, after reviewing the lease last night, I read that subleasing is not allowed unless written approval is obtained from the landlord, which she did not do.

 

[Zigner]

No...$450 was reasonable to me because there are 4 of us downstairs and all of the rooms are equal size so it seemed fair that we all paid the same amount of $450. I was told that the person with the master bedroom, which is literally twice as big with a private bathroom, paid $750 and that too seemed reasonable. But once I found out that only 3 of us downstairs were actually paying $450 per month, when doing the real calculations of $1800 rent, the 3 of us were paying half of the other 2 girls' rent. I don't think that that is fair.

It doesn't matter if you think it's "fair", it's what you agreed to.

I do have proof that I was lied to because I had someone with me when I went to see the house and they heard the exact same thing as I did. The other 2 people that were conned into paying $450 were also told straight out that the rent was $2500, until we received the lease paperwork and found out otherwise.

Yet, $450 was a GREAT price BEFORE you knew this. Look, it doesn't matter what others pay. YOU agreed to pay $450.

I DON'T have a written agreement for $450 and the person that I pay rent to isn't even the landlord.

Actually, yes she is YOUR landlord. Her contractual relationship with someone else really isn't your concern if it doesn't affect you. You must continue to pay rent to your landlord, as you agreed to do. However, she can't just kick you out in 3 days. She has to give you proper notice per your state's landlord/tenant laws.

 

[applecruncher]

Ambarret, you don’t know when you have it good.

do have proof that I was lied to because I had someone with me when I went to see the house and they heard the exact same thing as I did. The other 2 people that were conned into paying $450 were also told straight out that the rent was $2500, until we received the lease paperwork and found out otherwise.

Proof?? What proof?? That’s not proof. That’s just another person (friend, relative, etc) agreeing to what you wanted to hear. Means absolutely nothing.

You keep going on about the "total rent". The total rent is not your business, your only concern should be YOUR rent. You already said some people pay more that you. What’s your beef – that the landlord is making too much profit? Too bad. That’s not your business, either. As someone else told you, what you think is fair is irrelevant. Since you think you were conned, 1)find a better deal, pack and move. or, 2) stop paying rent and wait to be evicted. Sheesh.

 

[MIRAKALES]

The issue of illegal subletting without authorized written LL consent rears its head... YET AGAIN.
Subletting without the knowledge of the LL seems to be the breeding grounds for conditions of greed and hostility. These are just a few of many reasons unauthorized subletting is not allowed in most lease agreements.

No, it was not fair that tenants were not advised of the truth with regard to the lease agreement. Nevertheless, tenants have the right and responsibility to perform their own due diligence prior to agreement. (If for no other reason than to prevent becoming the victim of unauthorized subletting which, in essence, is an illegal tenancy.)
Upon lease expiration, sign the new lease agreement after review and discussion with the LL property owner. And, just as demanded and expected… provide full disclosure to both the LL and next occupants regarding any subletting conditions and accurate financial disclosure.

 

[Ambarret]

Proof?? What proof?? That’s not proof. That’s just another person (friend, relative, etc) agreeing to what you wanted to hear. Means absolutely nothing.

No, the proof that I was lied to was in the lease paperwork where it showed that the rent had been misrepresented. It is in the paperwork that the rent is not $2500. I also have 2 other roommates that were told the exact same thing and ended up paying more than they probably should have had to.

You already said some people pay more that you.

No, what I said was that I was misled to believe that other people pay more than me (i.e. for the master bedroom) and that is the reason I even moved in in the first place...Because what was told to me seemed like a fair agreement. What I found out though is that I have actually been paying DOUBLE what the person in the master bedroom has been paying, along with 2 other people.

Regardless of what should or shouldn't have happened, it really doesn't matter anymore. The person that was on the lease and lied out of her own greediness is moving out at the end of this month while the rest of us are renewing the lease and everyone is paying a fair amount, which makes my rent $150 cheaper every month. It's not so much the amount I had to pay that bothers me, its the fact that a lie was told in order to get that money and I have a serious problem with liars, especially when I have ALWAYS paid my bills on time, in full.

 

[applecruncher]

Again: The total rent is not your business, your only concern should be YOUR rent.

 

[Ambarret]

Thank you, I read your opinion the first time. And again, it doesn't really matter anymore because the situation is resolved.