Roommate Agreement

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nwsmix

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Hello there,

I recently signed a Roommate agreement here in Georgia, to occupy an apartment (with the other lessee) for the remaining four months on this person's (Rob) lease. I was not put on the lease nor did I go through proper procedures with the property management company, I was told it was not necessary.

I moved in, and the other roommate (who I was told wouldn't be there but a few nights a month) notified me by a note on the door that there was a mistake and the apartment wasn't available. I contacted Rob, whom I had signed the agreement with to see what the issue was, he said he would get back to me but not to worry about it. I called the next day (while I was moving in) to check again on that note as he had not called back, he didn't return my call. I moved in on Saturday, and on Wednesday of the following week, the other roommate came in telling me that he knew nothing about this and it was a mistake. He later told me via phone that I needed to move out and it wasn't my place. I attempted calling Rob several times with no luck. John, the roommate who was Rob's friend could not contact him either.

Fast forward... After I emailed Rob threatening legal action, he finally called me saying that John knew all about this and that I wasn't "forced" to move out. He has also accused me of breaking the agreement (as I moved out on Thursday of that same week). I couldn't get in touch with him, and as John threatened to call the police, etc on me, I wasn't taking any chances.

I did sign this short agreement outlining what I had to pay and when. It also states that I need to give a 60-day notice. The premise for John telling me I had to leave (as they are both on the lease) is that Rob did not go through the management company on this. Subletting is not allowed at this complex, and anyone who lives in these apartments has to go through a background/credit check through the company. None of that was done.

The premise of the agreement was illegal to begin with, subletting wasn't allowed. I have asked for most of my money back. How does this hold up in my favor legally?
 
From your posting, it sounds as if Rob had absolutely no business taking on the process of agreeing to your subletting this apartment without either the permission of the person whose name is on the actual lease (John) or managements consent.

It is quite reasonable for you to ask for your money back, although you may have to sue Rob to get this.

Gail
 
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