problems with sublessor...need help

[ninjapixie]

What is the name of your state (only U.S. law)? South Carolina

Last semester (spring '09), I subleased an apartment from a girl who was leaving to study abroad. The sublessor would have been paying $375/month, and she was subleasing it to me for $300/month. We agreed that I would pay $375/month to the apartment complex, and she would leave $300 for me for the difference in rent ($75x4 months). I also gave her a check to cover the $250 security deposit in case my cat caused any damage. She never left the money with me, and I have been trying to get it from her ever since.

-I don't have a copy of the "lease" I signed. The apartment complex didn't have a copy, and they told me that the sublessor would have been legally responsible to provide me with a copy of the lease, if I signed one. I know I signed a "subleaser agreement" for the complex, which wasn't a lease...basically just something showing that all the roommates agreed that I could be there. I'm not sure if I signed an actual lease, though.

-I DO have an email, and several other communications from her, where she acknowledges that she owes me the $300.

-After many attempts to contact her, and sporadic responses from her (I seriously think she was ignoring me as much as possible), I threatened with legal action. She then responded (finally) by saying that she kept the $300 because I broke her bed. (I also put a stop-payment on the security deposit because I didn't trust her to not cash it.)

-She claimed to have sent me an email saying that she was keeping the money for this reason, but I never received it.

-She claims that she originally purchased the bed for $350, and that it was only about 4 months old when I moved in. However, she has no receipt or proof of purchase, and even refused to provide pictures of the bed in its current condition. I found an old catalog from the time she claims to have purchased the bed that shows the price as only $129.


So I have several questions:
-Will lack of a signed lease be a problem, even if I have communication from her where she admits she owes me the money?
-Does that $300 she owes me count as "prepaid rent"? Because in SC, I could be entitled to 3x the amount of a withheld security deposit and/or prepaid rent.
-Is her claim for damages to the bed invalid, because she did not notify me in writing, with an itemized list of damages, within 30 days?.
-Am I even legally responsible for damage to the bed if there's no signed lease stating that I would be responsible for damage to the apartment AND her possessions that she left there? (The furniture was hers, not the apartment complex's.)


Note: I admitted that I was responsible for the initial damage to the bed, and have been trying to work out a fair solution with her. She continues to insist that I reimburse her the full $350 that she paid for the bed when it was brand new, or "call it even". There's more to the whole story, but I'm trying to keep it simple here.What is the name of your state (only U.S. law)?

 

[E.Rodriguez]

What is the name of your state (only U.S. law)? South Carolina

Last semester (spring '09), I subleased an apartment from a girl who was leaving to study abroad. The sublessor would have been paying $375/month, and she was subleasing it to me for $300/month.

What do you mean by this? you subleased, from a sub lesser? who is the real renter? .... Really this paragraph makes absolutely no sense.
So your rent was 300 a month, and the subtenant (who is studying abroad )has to pay 375 a month?

We agreed that I would pay $375/month to the apartment complex, and she would leave $300 for me for the difference in rent ($75x4 months).

Jesus... Ok, so the sub leaser (who is not the actual tenant at all,) said she would pay 75.00 a month, and you sub sub leaser was to pay 300 a month.

I also gave her a check to cover the $250 security deposit in case my cat caused any damage. She never left the money with me, and I have been trying to get it from her ever since.

You should have exchanged the funds at the same time. (not accept a personal check, but cash or cashiers check.)

-I don't have a copy of the "lease" I signed. The apartment complex didn't have a copy, and they told me that the sub lessor would have been legally responsible to provide me with a copy of the lease, if I signed one.

Well, technically a sub leaser, cannot enter a lease agreement with you, it would be the management company and you, but if the company said she could have come up with this agreement, and you in fact signed an agreement, it was reallllly dumb for you to not demand a copy of said rental from a renter's renter agreement.

I know I signed a "sub leaser agreement" for the complex, which wasn't a lease...basically just something showing that all the roommates agreed that I could be there. I'm not sure if I signed an actual lease, though.

Whatever agreement you renters signed, is a agreement, I'm also am not sure it is considered a lease per say.

-I DO have an email, and several other communications from her, where she acknowledges that she owes me the $300.

Excellent proof. don't loose those.

-After many attempts to contact her, and sporadic responses from her (I seriously think she was ignoring me as much as possible), I threatened with legal action. She then responded (finally) by saying that she kept the $300 because I broke her bed. (I also put a stop-payment on the security deposit because I didn't trust her to not cash it.)

Good for you.... did you break the bed? and how could she have known that, being abroad and all.

-She claimed to have sent me an email saying that she was keeping the money for this reason, but I never received it.

Then she didn't send it, and even if she did, that doesnt mean thats what it is, you have a right to disagree. (if she has the reciept she sent it, it couldcount as the itemized list we talk about in a minuit.

-She claims that she originally purchased the bed for $350, and that it was only about 4 months old when I moved in. However, she has no receipt or proof of purchase, and even refused to provide pictures of the bed in its current condition. I found an old catalog from the time she claims to have purchased the bed that shows the price as only $129.

What the heck, what happened to the bed? (keep the catalog for the bed that you claim you saw for 129.00) (what kind of bed cost 129?) ... just buy that bed and retain the receipt, with pictures of old bed and new bed to show they are the same bed.

So I have several questions:
-Will lack of a signed lease be a problem, even if I have communication from her where she admits she owes me the money?

You have emails confirming she acknowledged she owes you the money, you are golden.

-Does that $300 she owes me count as "prepaid rent"? Because in SC, I could be entitled to 3x the amount of a withheld security deposit and/or prepaid rent.

-

not even "prepaid rent" she never "pre paid" anything. if you paid her portion of the rent, then she owes you 300. (not 3x) The (law) you are describing is if you rented a place from a owner, and paid a security and last months rent, but the ll never applied the last months rent to the last month, and kept your deposit after you moved out

But when you file suit for the 300.00, you might want to run that buy a lawyer in your area.

Is her claim for damages to the bed invalid, because she did not notify me in writing, with an itemized list of damages, within 30 days?.

Exactly... am I to assume, you moved out, and she took possession of the apartment back and 3 months later claimed her bed was broken? She definately had 30 days to itimize the damage and send you a bill, if she doesnt, really you owe her nothing. but again, sub leasing from a subleasor is tricky.

-Am I even legally responsible for damage to the bed if there's no signed lease stating that I would be responsible for damage to the apartment AND her possessions that she left there? (The furniture was hers, not the apartment complexes.)

Well, yes, because even without a "lease agreement" you are still month to month, and you are ALWAYS going to be held responsible for damage you caused. She would have to sue you for the bed, it would be a depreciated value she might be entitled to,and with your add, that depicts the bed and the price, you might owe her 50.00.... which she cannot hold from the rent she owes you, for paying her portion of the rent while she was gone.

Note: I admitted that I was responsible for the initial damage to the bed, and have been trying to work out a fair solution with her. She continues to insist that I reimburse her the full $350 that she paid for the bed when it was brand new, or "call it even".

No way, depreciated value is all she deserves, and all she should get. just go buy her the bed you saw in the catalog, then sue her in small claims court. for the 300.00



The judge will sort it all out for sure.