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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28344
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I have a daughter in Mankato, MN the subleased her apartment

Customer Question

I have a daughter in Mankato, MN the subleased her apartment to another individual with the agreement from 4 other girls in the same apartment She is has been gone for since November living else where
JA: Does this involve a written or oral agreement? Is it a month-to-month lease or fixed term?
Customer: now those 4 girls want to take my daughter to court for $375 deposits for each girl since they left and moved on and lost their deposits can they do that ?
JA: Anything else you want the lawyer to know before I connect you?
Customer: no My daughter wants free advice she is not sure what to do
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 2 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  RealEstateAnswer replied 2 months ago.

Good morning. The site charge for the information provided, so I just wanted you to be aware of that, since you shared she is looking for free advice.

Customer: replied 2 months ago.
My daughter rented a place in Mankato, MN. In November, she decided to move out and move in to another location. She had someone else take over her lease as a "sub leaser". She found out later he never moved in after she left because other tenant move out of their bedroom and into the one that was promised to the new tenant. There was originally 4 girls living together when my daughter moved out. The remaining girls said it was okay this new tenant move it. My daughter promised the new tenant her room, but when the new tenant found out that one of the other tenants wanted and moved in that room, he then never moved in. My daughter now is being tormented by these girls since they left the place and did not get their deposits back since they fell behind on rent and had others move in against the lease and not pay anything. They are insisting my daughter owes them their deposits. What can she do?
Expert:  RealEstateAnswer replied 2 months ago.

Why do they think your daughter owes them the deposit instead of the landlord or rental company? Did they all pay their deposit to her? If your daughter found someone else to sublease from her, did she have them sign a lease? How did this other person get in contact with the other roommates and just decide to sublease from someone else?

Customer: replied 2 months ago.
Ok, from the beginning. 4 college girls rented a unit/apartment with 4 bedrooms. My daughter moved out to live else where. She found someone to rent her space. The other 3 girls agreed it was okay in writing. The sub-leaser signed the lease. The sub-leaser never moved in because the one of the girls previously living there decided that space was larger that her own and wanted that space. The sub-leaser tried to move in but the space was taken and the smaller space was not what he agreed upon so he never moved in. He never paid rent for April, May, June & July. Each tenant was to pay $475 per month per person equaling $1,900 total. In the end damages and unpaid rent were taken from the (4) deposits of $375 ea equaling $1,500. So everyone lost their deposits as the landlord kept those deposits to cover for the loss in rent owed for the 4 months. Those tenants are now wanting my daughter to fork over deposits back to them as they feel since she did not pay rent for 4 months because she did not live there, they are insisting that since the sub-leaser did not pay either and never moved in that this falls back on my daughter. The lease says that they are ALL responsible as it is split 5 ways or 4 probably in this case. These tenants also had other people living there not on the lease either and they paid these girls a little money here and there to keep their mouths shut. My daughter has everything in writing, what should she do?
Expert:  RealEstateAnswer replied 2 months ago.

Thank you for the reply. The other roommate had no legal right to interfere with the sublease agreement between your daughter and the third party. Access to the room should have been granted and given to the person who signed the sublease agreement and all parties were on notice of it. If one person took it upon themselves to move into the room and prevent the other person from doing so, there would be contractual interference and they could be sued. All parties were required to cooperate if they signed and agreed to allow this and if they did not allow it to happen and prevented the sub-tenant from taking possession, your daughter could argue they acted in bad faith and their actions resulted in the rent not being paid and she will not pay this. If they want her to pay and she refuses, they would have to sue her and if they did, she could defense this based upon what happened and the actions of all parties involved. It really makes no sense at all for another roommate to just take the room without permission to do so, so if anything, that person could be sued and liable for preventing this.

Customer: replied 2 months ago.
My daughter has paid the damaged fees $60 for mini blinds and late fees of $190 just so this does not mess up her good credit rating and the landlord now out of the mix of all this. In my opinion she should not be paying any of the damages as these occurred after she moved out and the sub-leaser was suppose to move in and didn't, so the other tenants did the damage. I am thinking it is best for my daughter now to let these girls take her to court over the deposits, what is the best advice in your opinion for my daughter now? Should she just let this girls bully her and take her to court when they knew that the lease said the deposits would not be refunded by the landlord if there were outstanding rent balance, late fees and damages. So far, sounds like my daughter could have a case, what do you think? Thank you, ***** ***** been helpful.
Expert:  RealEstateAnswer replied 2 months ago.

Even though she moved out and the room was subleased, she does still remain liable legally, with the landlord, so if the landlord is now out of the picture, the burden would shift to the girls to sue her, if they want the money and if they do, she could defend this and go so far as file a claim against the one girl who moved in and took her room, which prevented the sub-tenant from doing so. She does not have to answer to the girls if she does not want but could go so far as respond and share with them that the other girl had no legal right to just move into her room and she knew a person was subleasing and it was her actions alone, which resulted and caused this and they should demand the other girl pay, for their loss. You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.