Sublessor is charging me more than the real rent.

[avisssan]

What is the name of your state (only U.S. law)? Jersey city, New Jersey

So I moved into a new apartment 3 months ago and i signed a sublease agreement with the other person living in the house who is actually holding the original lease. I checked and yes, he has the right to sublease the apartment. Before signing the lease I asked for the total rent of the house and he said it was 3400 USD so I have to pay 2400 USD (I occopy a bigger part of the whole house). I have a text msg from him stating this. So i signed a sublease agreement and all was fine.
However i just found out that the total rent of the house is 2400 USD and not 3400 so actually he is living there for free (i am paying his part).
He told me that if i dont like it i can move out and gave me a 1 month verbal and written notice (which i refused to sign). I am definitely moving out but i want to sue him for lying, misleading me and making profit.

Do i have any rights? Is a residential lawyer the right person to contact? I heard there is sth about rent control in NJ?
Thank you!

 

[las365]

Interesting question. I think in a general sense, you have a decent argument that you were frauduently induced into entering into the lease agreement. However, I don't know if you have any damages, or if you do, how your damages could be calculated.

 

[JETX]

Do i have any rights?

Yes. You have the same rights, no more, no less, than anyone else.

However, if you mean do you have a valid claim to support a lawsuit.... the answer is NO.
What your landlord pays for rent is not relevant to what you pay. Clearly, you felt that the $2400 rent was reasonable, since you agreed to pay it. It was your choice. If your real concern was to pay a PERCENTAGE of the actual rent, you should have included that in your rental agreement.
Simply, you have not been damaged and have no case for a lawsuit.

 

[Cvillecpm]

He has put himself in the "sandwich" position by getting rent free although he is still on the hook with the landlord if you don't pay.

You are getting the bargain you agreed to....leave it alone and move as agreed and you may be REQUIRED to provide written notice so you should have signed the notice he presented.

 

[sandyclaus]

Just an FYI

In some rent control ordinances, the law provides that the tenant cannot be charged more rent than the previous tenant (plus an appropriate increase according to law). Some also say that the division of rent in a multi-tenant rental unit must be proportional to the actual division of the property occupied by the tenant. (i.e., if there are 5 rentable rooms, and a tenant occupies 3 of them, he cannot be charged more than 3/5 of the total rent for the unit as his share).

I think that this is what OP is talking about. But I do not believe Jersey City rent control makes either distinction in their ordinance, so it's a moot point for this tenant.

 

[ecmst12]

However, OP was NOT charged more then the actual rent. He was charged 100% of the rent, not 110% or more. OP's "landlord" did not make a profit. That is an important distinction - in some cities/states it IS illegal for a sublessor to make a PROFIT off of their sublessee's rent, but it's NOT illegal for them to simply charge 100% of what they would owe to the property owner.