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I’m in an illegal sublet. I did not sign any contract and on

Hello, I’m in an illegal sublet...
Hello,
I’m in an illegal sublet. I did not sign any contract and my name is ***** ***** the lease. I confirmed with the apartment community management office that it is illegal without applying through their office, background check and credit check prior to move-in.
The apartment is located in Sandy Springs, GA and it was posted on Craigslist. I want to move out ASAP since the place was not advertised correctly, but the tenant who sublet the room to me keeps telling me she will take the matter to court. Is this type of verbal agreement without consent from landlord legally binding?
Thanks
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Answered in 5 minutes by:
9/21/2017
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 119,441
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Customer reply replied 1 month ago
Thank you for your quick reply. Could I move out ASAP from the apartment without ending up in court?

Unfortunately, in GA, any verbal agreement between you and your sub-landlord, the person who rented you the room, is a valid and binding lease agreement. Even if the sublet violates the lease your sub-landlord has with the main landlord, that is a legal issue between the two of them and not you.

Between you and the person who rented you the room, the agreement can be binding even if it is not in writing.

If the complex management is seeking to remove you because you did not get approval as required, then you can sue the sub landlord for breach of lease for not getting the approval. However, if this is merely a dispute where you are seeking to move out without the management company trying to make you move for not registering, then you would need some breach of lease against your sub landlord.

So if the premises was not advertised correctly and you examined the premises, it is hard to get out of the lease, but it is possible if the premises was misrepresented to you. The problem is that if the person who rented to you disagrees that they misrepresented it you can still end up in court and have to prove your case to the court as to why the person who rented to you breached the lease.

An oral agreement is a month to month lease, to avoid any possibility of them suing, you need to give 30 day notice of leaving and then move out, since then they have no claims against you as a month to month tenant giving proper notice of terminating the agreement.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 119,441
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
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Customer reply replied 1 month ago
Thank you for the detailed answer.
Can I deduct my deposit from the last month’s rent?
Do I still have to pay utilities if I vacate the room?

Thank you for your reply.

You have to pay your last month. It is the sub-landlord's discretion as to whether or not to take your last month's rent from your security deposit. Legally the security deposit is for damage, but your roommate has a right to decide to take the last month rent from there. Also, if you give 30 day notice, you are liable for paying your share of utilities for that 30 days as well.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 1 month ago
We’ve already agreed on Oct. 14 as move-out date. Can she ask for the utilities of whole month of October? My renewal date is on 1st of October. What if I vacate the unit on Oct. 1? Do I still have to pay for the whole month or those 14 days?

Thank you for your reply.

She could make you pay for not giving 30 day notice. So, if you did not give 30 days before October 1 as notice, she can make you pay for the whole month legally.

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Customer reply replied 1 month ago
Sorry for the confusion. I gave her the notice on Sept. 14 and we agreed that I will vacate the room by Oct. 14. Can she still make me pay for the UTILITIES for the period of Oct. 15 to Oct. 31?

Thank you for your reply.
The answer is the same. Even if you have given 30 day notice, if it ends in the middle of the month, they can make you pay to the end of the month.

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