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No lease. Security deposit debacle.
Ok, so I've been living in a room I found on Craig's List for the past 6 months. With no lease. One of my room mates is the lease holder and we pay him rent, which he in turn pays the landlord. It turns out he's been overcharging us to the extent that he actually makes a profit when rent is due. To make matters worse he is kicking me out so he can charge more money to another tenant. On top of this, he doesn't have my security deposit. He says that my security deposit goes to the person who moved out before me and I can't get my deposit back until the new person pays him. It's my last month and I think I just won't pay him at all.
1. Is there anything I can do about being overcharged since I don't have a lease? 2. Can I not pay this last months rent? 3. Can he forcibly move my things out before the 1st? Any insight would be greatly appreciated. |
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If you agreed to pay him whatever it is you paid him, how can you be overcharged?
States differ as to residency laws, but whenever you are renting without a written lease you are working without a net. I would get my stuff and get out as soon as possible. |
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"One of my room mates is the lease holder and we pay him rent, which he in turn pays the landlord. It turns out he's been overcharging us to the extent that he actually makes a profit when rent is due." --------- that would be the technical definition of a "sublet", and you are simply "subleasing" a portion of his leased space, which is perfectly legal if his lease with the property owner allowed it. Emlands question to is 100% in that regard... you agreed to the "sublet" amount... so he certainly is not "cheating" you. Now that "ponzi" type deal he has going on with the security deposit is funky... if you don't have anything in writing, or receipts, or info on what bank account your deposit is being held, then you may be out of luck. You may want to talk to a competent R.E. attorney on that one... you may have a few legal remedies if he is operating (subleasing) and his actual lease with the owner prohibits it.
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