Illegal Sublet - Do I get money back?

[djcronos]

What is the name of your state? California

Hi all,

I'll try to be as clear as possible. My girlfriend and I moved into an apartment with another couple about three months back. The male's mother is the person on the lease and she left the country for a few months and left the place to him, and told him that if he wanted to still live there with his girlfriend, he needs to find a way to make each month's rent. He posted an ad on craigslist and we took the offer. This apartment complex does not authorize subletting, and we were aware of this when we moved in.

Almost a month ago, the male's girlfriend's brother moved into the apartment and has been sleeping on the couch. He pays no rent, and they never notified us of this whatsoever. This made us a little mad because we're paying rent to stay there, and he's freeloading.

The male comes to us about a week ago and tells us that his mother is coming back from out of the country and they gave the apartment 30 days notice because they are moving out. The mom comes back about a week ago, so now we have two people sleeping on the couches in the living room. We later find out through the mother that she is moving back into the apartment, and they never gave a 30 day notice to the apartment. Since we felt like we've been totally lied to, we wanted to move out ASAP.

We found a new place to live and are moving out several weeks before the full month we paid for, and we feel we shouldn't have to pay for the time we are not here. Both my girlfriend and I approached him respectfully today and explained the entire situation, calculated how much we pay per day, and calculated that into the total of what was owed back to us. He replied back to us that he wasn't going to give us any money because that isn't just how it works.

We feel that we are entitled to our money back for time not spent at this apartment, especially since the second we move out, his mother will be occupying our room, since she occupies one of the couches right now.

What are our rights, given that we are illegally subletting?

Thanks to everyone in advance.What is the name of your state?

 

[Hot Topic]

You knew subletting was illegal, but you moved in anyway. It wasn't "your" room. It was the mother's. You could take "the male" to court, but don't count on winning.

 

[djcronos]

Thanks for the reply. I'm not thoroughly convinced yet...anyone else care to comment?

 

[xylene]

You owe for the whole month.

The subletting bit doesn't come into it.

You gave your notice, and thats that.

If you want to move out early, thats OK, but you don't get your money back.

If they were no longer providing or able to provide your room, that would be another story.

 

[PghREA]

You owe for the whole month.

The subletting bit doesn't come into it.

You gave your notice, and thats that.

If you want to move out early, thats OK, but you don't get your money back.

If they were no longer providing or able to provide your room, that would be another story.

I agree. What does your written contract say about pro-rating the rent? You don't have a contract? - Then you're SOL.

 

[djcronos]

Hi all,

Thanks for all the responses. I appreciate all the input.

The only reason we are leaving before the 30 days is because there are two other people in that house, for a total of 6 people. Neither of them pay rent, and both of them sleep on couches. This wasn't apart of our verbal agreement - and they never told us these people were moving (back) in. We're leaving because there are way too many people in that house, and it's going to cost us some extra money because of this.

Now it gets worse - we approached them last night regarding this, in a very professional manner, in which the male lashed back at us by threatening my girlfriend. Now my girlfriend is scared for her life and doesn't want to be at that place. We had to put a lock on our door because she is that scared.

If we're not going to get any money back - that's fine, and I'm willing to accept it. I just want to know my legal rights in this, and if that means we are not entitled to any money back, so be it.

Thanks again everyone for the responses.

 

[xylene]

The only reason we are leaving before the 30 days is because there are two other people in that house, for a total of 6 people. Neither of them pay rent, and both of them sleep on couches. This wasn't apart of our verbal agreement - and they never told us these people were moving (back) in.

Only get written agreement concerning housing unless you enjoy findind yourself in situations like this. Also AVOID CRAIGSLIST.

We're leaving because there are way too many people in that house, and it's going to cost us some extra money because of this.

I sympathize, try to use it as leverage, but without a writen agreement, they will say "Of course you knew."

Now it gets worse - we approached them last night regarding this, in a very professional manner, in which the male lashed back at us by threatening my girlfriend. Now my girlfriend is scared for her life and doesn't want to be at that place. We had to put a lock on our door because she is that scared.

What EXACTLY was the threat? It matters.

What did you do about it? Did you call the police?

Was it an explict (I'll kill you you bi...), implied (have you ever seen the movie casino, or Maybe your girlfrined is just sensitive. I don't know.

If we're not going to get any money back - that's fine, and I'm willing to accept it. I just want to know my legal rights in this, and if that means we are not entitled to any money back, so be it.

Legally speaking, you would seem to bon the hook for the whole month.

 

[djcronos]

The threat was "If you want to take it the legal way with the law and all, that's your choice. We all have choices. I have the choice of taking it to the streets and perhaps showing up at your work - I could make your life a living hell - you do it your way and I'll do it mine".

And no, we did not call the police.

Thanks for the sympathy. We have been completely calm about this entire thing, and have told them, "Look, we're not trying to be dicks. There's 6 people in this house, and we all know that it's a little cramped. We're leaving early so your mom can actually have a room, and because of this, we're paying money to move out soon, which was an unexpected cost. We just want the money back for the days we aren't going to be here, because we need that money for the new place."

 

[ENASNI]

Work with them at what the min you can get at this point.. Get the losers ( sorry ) together to get what you owe. I do not know where you can go but there are things that might get your place paid without a dis if it is in your name I do not understand your whole post. Take care of the girl in the room... Take care of her.. Get out of the drugs and get the drugs out.

 

[ecmst12]

The lease belongs to the mom. I would talk to her and tell her that her son threatened your girlfriend. You still owe for the whole month though.