This is a bit complicated, so apologies in advance:
In August of last year, I moved into a 2-bedroom apartment. I paid a $1000 deposit to the girl whose room I was taking over, since that is what she paid. Here is where things get complicated. I was never on the lease. The lease, when I moved in, had 2 names on it, the girl who moved out and a girl who used to lived in the first room, the ex-girlfriend of the guy who I was now living with. This was done to take advantage of rent control and save us a couple hundred dollars or so a month, since we wouldn't have a new lease with the realty company. Once I moved in, the guy became an official subletter from the ex-gf, at least in the eyes of the realty company. He would pay the full rent at the beginning of each month and I would make out a check for my half to him. In late August, my father had a heart attack. My internship was ending at the end of October and I felt obligated to go home for a couple months to help my family and use the time to look for full-time employment. I notified my roommate of this and asked if I could sublet my room. He agreed and I found someone to move in for November and December and paid the rent up front before I left. I also charged a bit extra and gave about 60% of the difference to my roommate. I left with the intention of coming back in early January. In late December, my roommate asked me about January rent, since it would be due in a few days and I, forgetting an important detail, didn't leave a check for January rent. I replied a few days later saying it would mailed out the next day. I also informed him that since I was still unemployed, I was going to try to look for contract work and might not be back for another month or 2. He was very understanding but also said he might need someone to move in who could commit to being there which seemed reasonable. I left a check at my parent's house that my dad assured me he would put in the mail and I left for another city where I had a very short-term job lined up. Around January 5th or so, my roommate notified me that the ex-gf wanted out of the lease and that we would have to sign a new lease. I agreed to this and we proceeded to go ahead and figure that out. The ex-gf didn't notify the realty company till probably January 13th or so. At this time, my roommate, because I guess the check never made it into the mail, still hadn't received my rent check, but we were discussing a new lease, etc. He told me where to find the application online, maybe around January 17th or 18th, and I was under the impression that we were signing a lease together. On January 21st, after I sent an email a day or 2 earlier saying I couldn't find the lease application on the site and asked him if he could email it to me, I received a reply with the document and a statement that if he 'couldn't find a roommate by the weekend he was moving out'. I was shocked. Up until that point, I thought we were on the same page about signing up for a lease together. I replied and asked him to let me know what he decides to do. It turns out he did decide to move out, but didn't actually tell me until late March. I emailed a few times, called about once a week, etc and heard nothing until then. He moved the items (clothes, lots of books and some bedroom furniture) that I left to his new place and stored them for me. Like I said, I didn't know what was going on until late March and by the time he actually finally called me, I was just glad to know what was going on. Because I had no idea what was going on with my apartment, but knew I no longer technically had a residence, I postponed my return back to the city and tried to earn money when I could since I was still unemployed. In the midst of all this drama and confusion, I completely forgot about the deposit. In early April I called him and we agreed I would pick up my when I got back into the city. I asked him about my deposit and he replied that, "I think it's too late, because everything happened so fast." I didn't really understand that explanation but believed him when he said he didn't know where the deposit was. I called the realty company and they told me they returned the full deposit on the apartment, $2000, to the ex-gf, about 2 weeks after my roommate vacated. Because I believed him and because I knew the deposit was returned, I contacted the ex-gf. Only when I contacted her, did I learn that the ex-gf actually returned the full deposit, my roommate's half and my half, to my roommate. My roommate told him I owed him for January rent, which I do admit was paid 21 days late, but was paid. So, I have no been communicated with my old roommate about how much I feel should be returned. We met in person about 1 week ago and he essentially wants to give me about $400. He insists that I owe him about $250 in late fees since I paid him rent late, as well as moving/storage costs.
I never signed any sort of lease agreement with my roommate and our realty company charges $50 if rent is paid 1 day or 3 weeks late. He insists I affected his lifestyle by paying so late. It was a bad error on my part, but a first time offense, one that only happened because I was out of the state and assumed a check arrived to him when it didn't. As far as my belongings, he never informed me of anything until 2 months after the fact.
I'm willing to pay him some money for storage but I feel like I am being taken advantage of. I also feel like he lied to me since he knew where my deposit was but totally lied about it.
Any advice greatly appreciated. This whole thing has become a giant mess.
In August of last year, I moved into a 2-bedroom apartment. I paid a $1000 deposit to the girl whose room I was taking over, since that is what she paid. Here is where things get complicated. I was never on the lease. The lease, when I moved in, had 2 names on it, the girl who moved out and a girl who used to lived in the first room, the ex-girlfriend of the guy who I was now living with. This was done to take advantage of rent control and save us a couple hundred dollars or so a month, since we wouldn't have a new lease with the realty company. Once I moved in, the guy became an official subletter from the ex-gf, at least in the eyes of the realty company. He would pay the full rent at the beginning of each month and I would make out a check for my half to him. In late August, my father had a heart attack. My internship was ending at the end of October and I felt obligated to go home for a couple months to help my family and use the time to look for full-time employment. I notified my roommate of this and asked if I could sublet my room. He agreed and I found someone to move in for November and December and paid the rent up front before I left. I also charged a bit extra and gave about 60% of the difference to my roommate. I left with the intention of coming back in early January. In late December, my roommate asked me about January rent, since it would be due in a few days and I, forgetting an important detail, didn't leave a check for January rent. I replied a few days later saying it would mailed out the next day. I also informed him that since I was still unemployed, I was going to try to look for contract work and might not be back for another month or 2. He was very understanding but also said he might need someone to move in who could commit to being there which seemed reasonable. I left a check at my parent's house that my dad assured me he would put in the mail and I left for another city where I had a very short-term job lined up. Around January 5th or so, my roommate notified me that the ex-gf wanted out of the lease and that we would have to sign a new lease. I agreed to this and we proceeded to go ahead and figure that out. The ex-gf didn't notify the realty company till probably January 13th or so. At this time, my roommate, because I guess the check never made it into the mail, still hadn't received my rent check, but we were discussing a new lease, etc. He told me where to find the application online, maybe around January 17th or 18th, and I was under the impression that we were signing a lease together. On January 21st, after I sent an email a day or 2 earlier saying I couldn't find the lease application on the site and asked him if he could email it to me, I received a reply with the document and a statement that if he 'couldn't find a roommate by the weekend he was moving out'. I was shocked. Up until that point, I thought we were on the same page about signing up for a lease together. I replied and asked him to let me know what he decides to do. It turns out he did decide to move out, but didn't actually tell me until late March. I emailed a few times, called about once a week, etc and heard nothing until then. He moved the items (clothes, lots of books and some bedroom furniture) that I left to his new place and stored them for me. Like I said, I didn't know what was going on until late March and by the time he actually finally called me, I was just glad to know what was going on. Because I had no idea what was going on with my apartment, but knew I no longer technically had a residence, I postponed my return back to the city and tried to earn money when I could since I was still unemployed. In the midst of all this drama and confusion, I completely forgot about the deposit. In early April I called him and we agreed I would pick up my when I got back into the city. I asked him about my deposit and he replied that, "I think it's too late, because everything happened so fast." I didn't really understand that explanation but believed him when he said he didn't know where the deposit was. I called the realty company and they told me they returned the full deposit on the apartment, $2000, to the ex-gf, about 2 weeks after my roommate vacated. Because I believed him and because I knew the deposit was returned, I contacted the ex-gf. Only when I contacted her, did I learn that the ex-gf actually returned the full deposit, my roommate's half and my half, to my roommate. My roommate told him I owed him for January rent, which I do admit was paid 21 days late, but was paid. So, I have no been communicated with my old roommate about how much I feel should be returned. We met in person about 1 week ago and he essentially wants to give me about $400. He insists that I owe him about $250 in late fees since I paid him rent late, as well as moving/storage costs.
I never signed any sort of lease agreement with my roommate and our realty company charges $50 if rent is paid 1 day or 3 weeks late. He insists I affected his lifestyle by paying so late. It was a bad error on my part, but a first time offense, one that only happened because I was out of the state and assumed a check arrived to him when it didn't. As far as my belongings, he never informed me of anything until 2 months after the fact.
I'm willing to pay him some money for storage but I feel like I am being taken advantage of. I also feel like he lied to me since he knew where my deposit was but totally lied about it.
Any advice greatly appreciated. This whole thing has become a giant mess.
