samedi 2 janvier 2016

Subleases: Subleased a Room and Landlord Threw Away My Property Before Move Out Date

So I'm in a tricky situation. I'll try to keep it short and sorry for any typos.

I subleased a room for a month and half from the principal tenant of an apt. We had an agreement that I was to stay until the end date on which he and his 2 other roommates planned to leave for good. From my understanding the lease used to be 12 months but was switched over to month to month after a year, which it had been at that point. The landlord was aware as early as 2 months prior that the tenants were moving out. January 1 was the move out date I was informed of.

So long story short: I moved out most of belongings before I left for the holidays. When I came back to get the rest of my things and drop off the keys on January 1st all of my belongings in my room (which I locked), were gone. This was in addition to another tenants stuff who had been living there for a few months. Apparently this tenant did not pay the rent for December, so the landlord was upset to say the least. Unfortunately I wasn't made aware of this by anyone until yesterday. The landlord did not notify me of anything and broke down my doorknob to get in.

I guess what I'm trying to figure out is if I have any leg to stand on and if I can sue the landlord or possibly the tenant I subleased from to pay for my belongings?

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- There was a written agreement between me and the principal tenant of my sublease including the move-out date. My rent was paid prior to moving in and was given to the landlord. The thing thats terrible is that I missed the fine print saying the contract isn't valid unless signed by the landlord :wallbang:. Although the landlord was well aware of me subletting.

- Prior to moving in I had a meeting with the landlord and principal tenant where we clarified details of me subleasing and how long I would be there for (an oral agreement).

- On his way out, the third roommate witnessed the landlord come in to paint the walls in addition to trying to get into my room on December 31. Apparently the principal tenant (the one I subleased from) gave permission to come in and paint the walls of the house at some point, however I was told this would happen after we moved out. On another note, this suggests that this process of removing my things by the landlord took place as early as Dec. 31.

- I have emails with the principal tenant confirming our agreement, and texts of the end date. There was no discussion of a specific time on Jan. 1st. that I had to be out.

......

Any advice or help would be greatly appreciated. I'm not sure if its even worth bothering about. Again most of my stuff was moved out, but to replace my things would cost a few hundred dollars at the least. It was just pretty disrespectful overall by all those involved. The principal tenant lives out of state and for the most part, I'm not even sure of all the fine details of whats been happening between the bad tenant and the landlord. I just know the bad tenant plans to sue the landlord. The third roommate ended up packing up a day early and leaving on the way out while the landlord was starting repairs. This third roommate has been in the dark about everything as well and doesn't recall any written notification of eviction or anything.

If I was the landlord, I wouldn't have done this unless I knew I could get away with it. But on that same note, I talked to another renter near by who is friends with him and he explained to me that the landlord had to pay his mortgage today, which makes me think he was desperate to get his new tenants moved in quickly. In doing so he might have disregarded some necessary steps to make this whole process legal. He hasn't returned any of my calls or responded to messages.


Subleases: Subleased a Room and Landlord Threw Away My Property Before Move Out Date

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