illegal subleter refuses to pay rent

[mplantaris]

Hi,

When I moved into my apartment I assumed that my roommate in fact was on the lease. Then I was told that there are two persons on the lease: Myself and a second person who actually sublets the apartment to the roommate I met. This was fine with me.

So far so good, everything went well. However, during the last month my roommate refused to pay rent (saying that he would do at the end of the month but in the end he did not) and moved out in the middle of the next month. Of notice, by that time I was the only person who officially was on the lease (the person who was on there with me did not extend it after June).

His belongings including furniture are still there, but he wants to get them as soon as possible. Also, I found out recently that the lease specifically does not allow for sublets, which makes him an illegal subleter from the beginning, which he actually knew. I only had verbal agreements with him about rent and I do not have a security deposit. Also, there is no written lease agreement between the two of us.

So, to summarize, this guy was an illegal subleter (clearly stated in the lease contract I signed with the property owner) from the first day I moved in.

My questions: How can I get the remaining rent from this person? Can I retain his belongings until he pays? He told me that he would sue me for larceny in case I would retain his belongings. Also, although I did not know about his illegal status I would rather avoid that this gets to the landlord because I would like to stay in my apartment for some more time.

Thanks for your help in advance!

 

[mightymoose]

You can sue your friend for your losses.
The landlord can also sue your friend for any losses.
If the rent isn't being paid then you can expect the landlord to be evicting you soon.

You are probably best off to not take his property, however if you move out it is reasonable that you might have to put his property into storage for safe keeping Don't worry about his silly threat of a theft report. Nobody would take him seriously.

 

[mplantaris]

Thanks for your reply, that really helps!

just to be on the safe side:
if I offer him several options to get his stuff out of the apartment but he tells me that he can only take it on one specific day he knows I am not around, is it reasonable to get his property into safe storage after the days I offered him to take his stuff pass by? I just want him to get out and not have to worry about his silly stuff anymore.
About rent I will likely sue him for the remaining money. I have paid rent so far so there shouldn't be a problem with the landlord at all.

 

[mightymoose]

Give him reasonable options to get the property when you are present, and inform him that the property will be stored at his expense by a certain date if he doesn't pick it up.
If you end up having to store the property then you could sue him for any expense you pay associated with the storage... that doesn't mean the judge will award it, but you will have a decent argument if you gave him a reasonable opportunity and notice to avoid the fees.

If what you really want is for him to get his stuff and go, then maybe you should bend a bit and make yourself available on the date and time he said works for him.

I am not sure you are obligated to pay your roomie's part of the rent. It sounds as if the sublet was done illegally, and the "landlord" is the one with the damages. The landlord would be the one to sue, not you.... but if you are making up the difference in the mean time then you could try to recover it in court.