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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 15971
Experience:  7+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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My daughter subleased an apartment on May 10th. The subleasee

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My daughter subleased an apartment on May 10th. The subleasee agreed to pay $450 for the remainder of the month. The monthly payment is normally $600. I told the subleasee that I would pay for half of her deposit which was $350. My half would be $175. The subleasee didn't have the money then so she and I agreed for her to pay me on June 10th. June 10th came and the subleasee now if refusing to pay for money owed which is $290 after I deducted the $175, half of the deposit. Her reseason for not paying the $290 is that she had to pay $60 a month for parking and according to her we told her we may be able to transfer my daughters parking permit to her. The landlord didn't approve for this to happen and my daughter had to turn her permit in. The subleasee told my daughter and I at the time that she didn't have a car anyway and parking wasn't an issue. She could get a ride from a friend or take the bus line. Now all of a sudden she says we lied about the parking and she is deducting for that. According to the subleasee she only owes me $95. I have threaten her with small claims court but we love to avoid this. Is there a letter that can be sent to her from an attorney?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and your concern. Does she have a vehicle at this time? Also, you stated above that you told her you "may" be able to transfer the parking permit, which leads me to believe that you were not sure if this could be done. Is there anything in the lease that addresses this issue? Does she have any evidence to support the claim that you made, saying parking would be included?
Customer: replied 1 year ago.

Did you get the reply?


 

Expert:  RealEstateAnswer replied 1 year ago.
Karen, I am sorry but I did not. If you can please resend it, I would be happy to respond.
Customer: replied 1 year ago.

I don't know if she has a vehicle now or not. The only evidence she has was the witness of two friends that she brought with her. I never committed to the parking situation because I simply didn't know at the time. What is funny is that it has been 5 weeks now and all of a sudden she is bringing the parking up. Why didn't she call us or the landlord to find out the parking situation. She didn't ask my daughter for the permit pass or anything. The lease states that parking is additional.

Expert:  RealEstateAnswer replied 1 year ago.
Thank you for the additional information. It certainly sounds as though she is just trying to get out of paying what she rightfully owes. In a situation like this, the terms and conditions as stated within the lease are going to control. If the lease states that parking is additional, then the burden would be on her, to show that you told her something else, which she relied on. Even then, she signed the lease and there would be a presumption that she read it and agreed to the terms. Moreover, you stated above that you would try and see if the permit could be transferred but were unsure. In addition, the issue would be moot if she does not even have a vehicle, since she would have no need for the permit. If you were to sue her, the Judge would rely on what is contained within the four corners of the lease agreement plus consider any other texts or emails to evidence the agreement or clarify any misunderstanding. You certainly have every legal write to send her a demand letter, advising of what she owes, why she owes it and attach all the evidence which you have, to support the claim. You can also advise her that if she fails to pay as agreed, you will file suit and will may incur additional fees and costs. A letter from an attorney MAY help but they are going to charge and even then, there is no guarantee that she will pay or believe she is wrong and needs to pay. If you want to avoid court, you may consider settling for less then what is owed, just to save yourself the time, effort and initial costs. As I said above, it sounds as though she is just trying to find a way to get out of paying what was agreed upon and if you have evidence to support your allegations, she is going to have a hard time overcoming that, based upon what she says alone.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 1 year ago.

The lease states -- such motor vehicle shall be registered with the landlord on such form and for such fee as landlord shall designate.

Expert:  RealEstateAnswer replied 1 year ago.
Language like that makes it clear that the issue with the permit is between the tenant and the landlord. Your efforts to try and help her out, does not bind or legally obligate you to pay the fee or allow her to deduct it, since there was never a guarantee.
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 15971
Experience: 7+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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