I "subleased" an apartment from this guy that turned out to be a freak. Our "sublease" agreement states "This sublease is contingent on original lease." Well his original lease a TAA Lease, states that there is no subleasing and if you want to change tenants you have to get written permission from the office.

I ended up moving out in December. I did no pay December rent because he continually took the cash I gave him and paid rent 2-3 weeks late every month. In our "sublease" agreement there was an agree upon $600 security deposit which he listed a bed, couch, TV as items included in the apartment.

I moved out because he would randomly show up and tell me stories about all the young girls he would hook up with, his creepy friends that would be roofies over to the apartment, etc. He made me and my girlfriend feel very uncomfortable. When I moved out I helped him clean the entire apartment. I broke the TV so I let him keep the $600. I then paid $50 for a chair and he let me keep the other furniture because he had nowhere to keep it. The movers will testify he helped load the furniture with me as well.

I got a letter and a phone call about a court summons this past week and he is claiming over 5k! He says I didn't pay November rent, stole numerous items from the apartment, back due on bills, charges he received for not getting the carpets cleaned etc.

Does anyone have any advice besides get an attorney?

... Our "sublease" agreement states "This sublease is contingent on original lease." Well his original lease a TAA Lease, states that there is no subleasing and if you want to change tenants you have to get written permission from the office.
...
I would interpret this provision to mean that, if his lease is somehow cancelled, your sub-lease ends too. However you can certainly argue that the sub-lease was void because it was a violation of the other lease. I don't know if that would work, especially if you were aware that the other lease required approval (and no approval was given).


... I did no pay December rent because he continually took the cash I gave him and paid rent 2-3 weeks late every month.
....
I fail to see how it matters what he did with the sublease payments you made to him. If you paid it late, you violated the sub-lease and, if there is a penalty clause, you would be required to pay accordigly.

First, you posted this under Small Claims, is that the court that issued the summons? Is this in Texas (ANY question on law needs to include your general locale as laws vary by area.).

Did you tell him to keep the deposit? Can he prove that? Did he send you a statement of how the deposit was used within 30 days of your moving out?

Can you get a written and notarized statement from the movers about him helping you?

In TX a landlord is required to return your full deposit within 30 days or provide a statement of how the deposit was used. If he does not provide such a statement he forfeits the right to keep the deposit (Texas Property Code - Section 94.109. Liability Of Landlord - Texas Attorney Resources - Texas Laws (http://law.onecle.com/texas/property/94.109.00.html)) So, if he didn't, then you can move to dismiss the suit on the grounds that he forfeited his rights to claim damages. You can counter sue him for $1800 which is the penalty for not providing the statement.

That should be enough. I would also get a statement from the movers, to show that he was there when you vacated and he has to prove anything was missing.