subletter paying prorated rent?

[dcguy1980]

What is the name of your state? DC

I'm subletting a place for the summer that I found on Craigslist. When we discussed the terms of the sublet, the tenant wanted $900/month for three months (June, July, August) up front. I (the subletter) was not comfortable with that, and we agreed that I would pay two months ($1800) and pay the third month as the middle month's rent.

We signed a "sublease" agreement that specifies this agreement, although it says little else (that is to say, it doesn't include much in terms of legalese other than saying that I've paid a two month deposit of $1800 and would be paying a third month at $900 and a standard 'Everything should be in the condition it was when I left' clause).

Since signing that and moving in, I've thought that while I am going to be there for 12 weeks (which is why I was originally thinking 3 months), the tenant is coming back on Aug 20th. Prorating for 20 days of August (plus 3 days in May that I lived there), I really only owe, I feel, about $690.

Is this a reasonable request? Does it have any legal backing? Isn't prorating for partial months standard?

 

[Zigner]

What is the name of your state? DC

I'm subletting a place for the summer that I found on Craigslist. When we discussed the terms of the sublet, the tenant wanted $900/month for three months (June, July, August) up front. I (the subletter) was not comfortable with that, and we agreed that I would pay two months ($1800) and pay the third month as the middle month's rent.

We signed a "sublease" agreement that specifies this agreement, although it says little else (that is to say, it doesn't include much in terms of legalese other than saying that I've paid a two month deposit of $1800 and would be paying a third month at $900 and a standard 'Everything should be in the condition it was when I left' clause).

Since signing that and moving in, I've thought that while I am going to be there for 12 weeks (which is why I was originally thinking 3 months), the tenant is coming back on Aug 20th. Prorating for 20 days of August (plus 3 days in May that I lived there), I really only owe, I feel, about $690.

Is this a reasonable request? Does it have any legal backing? Isn't prorating for partial months standard?

These are things you need to think about BEFORE signing a legally binding document. It should have been part of your negotiations (and probably was, as far as the LL is concerned)

 

[dcguy1980]

These are things you need to think about BEFORE signing a legally binding document. It should have been part of your negotiations (and probably was, as far as the LL is concerned)

Understood and agreed. I've never gone into a lease on my own before, though, and so am learning the lesson a little late (although, compared others' problems, I suppose it's an easier lesson than most, especially considering I'd resignde myself to paying the full $2700 initially).

It just seemed sort of basically unfair (understanding the non-role "fairness" plays), and was wondering if it's a situation I could rectify after the fact.

 

[dcguy1980]

I was also wondering if, because the date that the tenant is returning (Aug 20th) isn't on the signed agreement, does paying the full $900 entitle me to the place for the entire month?

 

[xylene]

These are things you need to think about BEFORE signing a legally binding document. It should have been part of your negotiations (and probably was, as far as the LL is concerned)

These are the things the Landlord (the person subletting the apartment) should have thought about.

Does you sublease say:

A) "The months of June July and August..."

or

Does it say

B) "from May 29 to August 20"


If it says option A) then tell the guy subletting you the apartment to either get a hotel / stay with friends until August 31 or he needs to pro-rate and pay you damages for the expenses of moving, etc... or else you will sue.

If it is B) then you should have adressed this before you signed.

 

[dcguy1980]

it's A!!

Woohoo - not that I want to sue. Or even make a huge deal. I just don't want to pay for a week and a half of someone else living there.

 

[xylene]

Well, you can be as accomodating as you want to be.

Inform th sublettor that him returning on the 20th of august is not what you had agreed upon.

You were expecting sole use of an apartment until the end of august, and that is the written deal that was made.

Now make any concessions you want.

If being out on the 20th is OK, ask to only pay 550.

If he refuses than hold him to the deal. He has to honor the deal, no coming back on the 20th crap without you getting damages...

 

[dcguy1980]

thanks for the advice