When I sublease my apartment, can I get my last months rent back?
Monday, October 3rd, 2011 at
1:36 am
I subleased my apartment to a girl and let her hold my security deposit. Now im struggling to get my security deposit back and I would like to get my last months rent from my lease (12 months rent) back due to I wont even be living there this july. Am I eligible to get this back? Since there is a new tenant? Isn’t their responsibility to cover their first last and sec deposit?
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Tagged with: Lease Back • Sec • Sublease
Filed under: flat rent back
I can’t quite understand your question. Do you mean to tell me, you gave someone you rented TO your security deposit? I am totally confused by what is going on. The landlord should have been given your security deposit. Your first and last should be applied according to the terms of YOUR lease with the landlord. I’m assuming the landlord gave you permission to sublease, but I would guess they didn’t relieve you of your responsibilities of the original lease - they just let you cover the costs by leasing to someone else, at your risk - not theirs.
Read your original lease. If you don’t understand it find an attorney to review and explain it to you.
Best of luck.
Joe…
NO. You subleased your apt to someone else, however the LL did not draw up a new lease. That is what it means to sublet. He allowed you to let someone else stay there, but you are still the lease holder. You are still responsible for any rent due and damages. You are responsible for the girls actions. If she did not pay rent, you would have to. And all this goes on YOUR credit. She is NOT a tenant, she is a guest in your home.
Have the landlord qualify this girl to be a tenant. Be there when he does the walk through inspection. Make sure a lease is drawn up between the two. Then you may get your deposit back (usually within 30 days) However, your official move out date is the day the other girl signs the lease. So no, you do not get a month rent back.
Be prepared though. This other girl may not have the money to come up with for the deposit or she may not even qualify to be a tenant. No deposit or does not qualify, she will have to move out. That leaves you with having to give your LL a 30 day notice to move and have the rent for the month in question, paid.
This is why I do not allow subletting. It can get too confusing. The sublettor has no rights and the person who has the lease, has all the financial responsibilities.