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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 90957
Experience:  Attorney with over 24 years experience.
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I have paid $1,500.00 cash, first month and security total

Customer Question

I have paid $1,500.00 cash, first month and security total $2,000.00 without having signed a rental agreement with a receipt showing 1500 or the 2000 paid as of 10/30 final 500 to be paid on 11/10. contract is to be reviewed & signed on 11/2. I will be a tenant subletting a room therefore not on original agreement. Supposedly the landlord knows of this. Come to find out that the person I'm "subletting" from has been on the premises for 2 years. The roommate I am replacing has been a tenant for 6 years (x-girlfriend of owner of property??) who's name the utilities are under( owner living with new girlfriend else where & removing all belongings from the garages before I take tenancy 12/1/13). Reviewing the contract it states that I am to have the utilities put in my name. I said please give me the 1k until we resolve this issue because there is no way me not being primary lessee on a month to month agreement that my name is XXXXX XXXXX be used for liability whatsoever. I have decided to not go through with this. How can I get my money back. This woman is a case coordinator for a law firm that i cant verifiy and has been negotiating a buy out of my commercial lease (up in March 2014) that my property manager told me another tenant has offered. They do not know I live in the unit (do but never been verbally divulged) I'm afraid this woman is going to screw me bigger than big time......help
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  Nate replied 11 months ago.
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

To be clear, the person with whom you were going to sign the lease works for a law that represents YOU in the commercial lease buy out?
Customer: replied 11 months ago.

The woman i am subletting a room from is a case management/litigation coordination SIU for Campbell La Offices in la Jolla, CA I also happen to be a paralegal. My commercial lease is up in March so i'm trying to find a place way ahead of that time as to not be homeless which is where i am headed because yes liz moore is also negotiating a buyout because my property manager told 3 months ago that another tenant in the complex would pay me 500 to move out before march. i unfortunately told this to liz who has now made it so my property manager & I can not speak and has spoken directly to the third party of interest in my unit directly and advised them to buy my lease out or something to that affect so that they come in at a significantly lower rental rate per sq ft than they would if done otherwiae. i pay 1.32sq ft. they would be coming in at 1.80 or 2.00 per sq ft.


 

Customer: replied 11 months ago.

I think that bringing up the concerns of being a sublet-tie and not having that noted in the contract we are going to sign on Sat. not to mention not knowing if the owner even knows of me and the fact that she wants me to be the one responsible for the utilities because she will loose her affordable housing status is something to be concerned with. can i get a police officer to go with me to try and collect my deposit

Expert:  Nate replied 11 months ago.
It appears the lease buy-out is a residential lease and that is where you live now. If you don't want to go through with the new rental, then you don't have to let yourself be bought out and you stay where you are and look elsewhere. You're not obligated to do anything at all at this point based on what you've described and you're entitled to stay in your current unit until March.

Ask for your money back, and if you don't get your money back, take them to small claims court, and just look for something else in the meantime.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Thanks!
Nate
Customer: replied 11 months ago.

No i am currently living my business commercial suite. it is not a residential lease. The fact that this future "landlord" knows that im living in a unit that by law and stated in lease is not permitable she could create major havoc since she has already spoken to the property manage of the commercial complex and potential tenant wanting to buy me out early.


 


Depending on the amount of the buy out I'm still interested if it is what she is truly working on (I am unable to speak with other parties they are only to speak with representation). I would like her to keep 500 of the 1500 for her services and hopefully get 1000 minus daily rental value for inconvenience for the days she lost on interviewing potential subtleties.

Customer: replied 11 months ago.

No i am currently living my business commercial suite. it is not a residential lease. The fact that this future "landlord" knows that im living in a unit that by law and stated in lease is not permitable she could create major havoc since she has already spoken to the property manage of the commercial complex and potential tenant wanting to buy me out early.




 




Depending on the amount of the buy out I'm still interested if it is what she is truly working on (I am unable to speak with other parties they are only to speak with representation). I would like her to keep 500 of the 1500 for her services and hopefully get 1000 minus daily rental value for inconvenience for the days she lost on interviewing potential subtleties.


Expert:  Nate replied 11 months ago.
Okay. I see now.

I'm not sure you need her. It sounds like you were working on it and had a deal and she jumped into the situation. Just tell her you don't need her to negotiate for you and you can take care of it yourself. She cannot keep you from speaking to the property manager if you don't let her represent you.

Customer: replied 11 months ago.

I wasn't aware that I have more to gain from the buyout than the 500 offered. I could get moving expenses etc. if not mistaken correct Also she may dispute that I am living there and I shouldn't have been and get me in to trouble where i owe monies above and beyond expected other than monthly lease obligation. I feel she could be detrimental because she has already deceived me in 4 days of knowing her i.e. rental agreement stating i am responsible for putting utilities in my name.....what as a subletter and she didn't disclose that when i asked her how the cost were split amongst tenants.......your not getting my concern on how this can come back to bite me above and beyond just loosing the 1500

Expert:  Nate replied 11 months ago.
Okay. I'm not sure I have a better answer from my perspective. I am going to go ahead and opt out of your question so that other professional may review it and offer a different solution.

Please be patient, and someone else will be right along to assist you.

Nate
Customer: replied 11 months ago.

thanks for your time!

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. Your previous expert had to leave and I am a different expert who is looking forward to working with you to provide you the information you are seeking for educational purposes only.

She cannot legally represent you in this matter, as you were told, once you tell her that her representation is over and you do not want her to do so. Second, she could tell the current landlord you have that you are living in the office and that could lead your current landlord to give you a notice to cure the breach of lease or be evicted.

On the early buyout agreement, you would be entitled to payment for early moving, plus your moving expenses as part of your negotiations with them.

As far as the new lease with the new party, even if you have no signed lease, if she has intended to lease to you and you paid a deposit there is a binding verbal lease and if you want out of dealing with her, perhaps you need to tell her that you would let her keep the $2000 you have given her if she negotiates $2000 for you on the early buyout of your current premises, this way you walk away from both her and your current lease without having to be obligated to either.




I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.
Customer: replied 11 months ago.

what does a notice to cure breach entail?

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your response.

A notice to cure the breach means the landlord will give you written notice telling you either stop living in there and breaching the lease or they will evict you. If you stop living there then you can continue on the lease. If you do not stop living there once you get that notice, then the landlord would be able to go to court and file suit for eviction against you and have you removed.
Customer: replied 11 months ago.

Understood thanks. In re:recovering the deposit can i use police enforcement escort or someother means of influence if she refuses to return them? here is a draft i intend to send: Hi Liz: After careful consideration I’ve decided to not enter into the sublet rental atXXXXX I am not comfortable with the roommate style of living of which I am not accustomed because I have never entered into or lived under such circumstance in my 49 years of living which I shared with you when we first met. I hope you can appreciate my decision and appreciate the complications avoided by not making the decision after the fact. I hope that in good faith you would be willing to return the $1,000.00 cash installment paid 10/30/13 towards the $2,000.00 deposit minus a daily rental value per day from 10-28 thru 11-1 of $33.33 for the inconvenience of not having a live ad posted for potential renter inquiries during that period of time. Therefore of the $1,000.00 please keep $167.00 and return $833.00 in cash as soon as possible no later than the 11/1/13. You did share with me that you had a lot of hits on various ad postings the night we first met on the 28th so I feel this to be very generous. I would also like to offer the $500.00 first installment of the $2,000.00 deposit paid October 28th to apply towards the phone calls you have made on my behalf in initiating the lease buyout of my commercial lease and for your continued assistance in this process if you feel it worthy for time spent and future time needed to complete the process. If not I would like at least $300.00 back giving you $200.00 for phone calls made. I cannot afford the loss of any of the $1,500.00 which I’m sure you can appreciate and only hope you to be a sincere ethical person and return all without hesitation or at the very least accept one or both of my offers in hopes to make this an amicable resolution without regrets. I have been concerned with father’s well being since my mother’s death in February and have decided that this is a good time to move in with him since he is going downhill rather rapidly not having her to take care of him of which she devotedly did for a little over 61 years. I anticipate your timely response by or before the end of business 10/31/13. I must address the buyout situation and act accordingly. Respectfully, XXXXX XXXXX

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your response.

I am afraid this is a civil matter, the police will not get involved in any of this.

The letter is very well written and hits on all the points regarding your desires. There is really nothing to change or add to it.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 90957
Experience: Attorney with over 24 years experience.
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