Help_CollegeStu
Junior Member
What is the name of your state (only U.S. law)? Massachusetts
Hello,
A close friend of mine really needs some help. Here is the situation:
My friend visited an apartment where there were 3 roommates. He wanted to rent out one of the rooms that's currently in the market, meaning that the owner of the room (who we shall call Miss S) was subleasing. Miss S was moving out on Sept. 11th, and had told my friend that he wanted the room he would pay her the security deposit ($160) plus the rent from Sept. 12 to Sept. 30th ($350). The reason she asked him to pay the security deposit is because the rental office would give only the people in that apartment their deposit back (so it's like she would get the deposit back from the rental office even though she's getting it from another tenant). The reason she asked him to pay for the rest of Sept. is because she paid the rental office the full month's rent.
My friend decided to take the room. He filled out the papers/forms and gave it to the rental office and then paid her $510.00 in total (security deposit + rest of September's rent). However, the rental office called my friend and asked him if he was sure if he wanted to move in because the lease expires this November, and it will increase 6% in the renewal. The rental office also told him that they would NOT process the papers/forms until he confirmed with them that he was okay with this.
After some careful consideration, my friend decided not to take the room. At this point, it was two days after Miss S moved out of her room. My friend texted her letting her know that he won't be able to take the room and that he was really sorry about it. He also told her that would like all $510.00 back. Miss S then contacted her attorney who e-mailed my friend telling him that it wouldn't be possible because he already signed the papers. However, my friend replied back to the attorney letting him know that the papers were never processed by the rental office so the lease is still under the name of Miss S. All he wants is his money back, and Miss S can get her security deposit back from the next tenant that will take over the room.
My friend got an e-mail back from the attorney who told him that Miss S does not owe him anything because his agreement was with her, and the office was aware that my friend subleased and that he was approved for subleasing, but what I'm confused with is that the office never processed the papers, so he wasn't approved. I understand that the attorney was talking about when he said that my friend had an agreement with Miss S (a "gentleman's agreement), but it's not like anyone can have get someone's signature to sublease and then just say the lease is now under a new name when it was not even processed.
My friend then contacted the rental office and told them the situation, and the receptionist (who was the one that picked up, the main office personnel were not in at that moment) said that she would talk to the full time office employee and they would see what they can do. My friend didn't tell the receptionist about the attorney, he just said that Miss S would not pay him back.
Could someone please help with this situation? I (and my friend) would be extremely grateful!
Thank you!
Hello,
A close friend of mine really needs some help. Here is the situation:
My friend visited an apartment where there were 3 roommates. He wanted to rent out one of the rooms that's currently in the market, meaning that the owner of the room (who we shall call Miss S) was subleasing. Miss S was moving out on Sept. 11th, and had told my friend that he wanted the room he would pay her the security deposit ($160) plus the rent from Sept. 12 to Sept. 30th ($350). The reason she asked him to pay the security deposit is because the rental office would give only the people in that apartment their deposit back (so it's like she would get the deposit back from the rental office even though she's getting it from another tenant). The reason she asked him to pay for the rest of Sept. is because she paid the rental office the full month's rent.
My friend decided to take the room. He filled out the papers/forms and gave it to the rental office and then paid her $510.00 in total (security deposit + rest of September's rent). However, the rental office called my friend and asked him if he was sure if he wanted to move in because the lease expires this November, and it will increase 6% in the renewal. The rental office also told him that they would NOT process the papers/forms until he confirmed with them that he was okay with this.
After some careful consideration, my friend decided not to take the room. At this point, it was two days after Miss S moved out of her room. My friend texted her letting her know that he won't be able to take the room and that he was really sorry about it. He also told her that would like all $510.00 back. Miss S then contacted her attorney who e-mailed my friend telling him that it wouldn't be possible because he already signed the papers. However, my friend replied back to the attorney letting him know that the papers were never processed by the rental office so the lease is still under the name of Miss S. All he wants is his money back, and Miss S can get her security deposit back from the next tenant that will take over the room.
My friend got an e-mail back from the attorney who told him that Miss S does not owe him anything because his agreement was with her, and the office was aware that my friend subleased and that he was approved for subleasing, but what I'm confused with is that the office never processed the papers, so he wasn't approved. I understand that the attorney was talking about when he said that my friend had an agreement with Miss S (a "gentleman's agreement), but it's not like anyone can have get someone's signature to sublease and then just say the lease is now under a new name when it was not even processed.
My friend then contacted the rental office and told them the situation, and the receptionist (who was the one that picked up, the main office personnel were not in at that moment) said that she would talk to the full time office employee and they would see what they can do. My friend didn't tell the receptionist about the attorney, he just said that Miss S would not pay him back.
Could someone please help with this situation? I (and my friend) would be extremely grateful!
Thank you!