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A Tenant messaer. I would only pay for cable. Rent was

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A Tenant messaer. I...

A Tenant messaer. I would only pay for cable. Rent was supposedly $1450; but I would only have to pay $800 a month. I gave her a deposit of $800 to move in. The sublease would have started March 1st. She originally told that she would be out by the 1st of March; now she changed her destination to Washington & then Arizona. No questions asked by me; so okay. I moved some of my stuff in prior so as not to move it all at once. I was still living at my previous apartment in Fitchburg. Come March 1st, which she had asked me to pick her up/drop her off at the train station to depart, she then tells me that A) she lost some of the $800 i gave her & B) That her mother was withholding the rest of her money to leave. That is of no concern to me. She said she'd instead be there for another month when i give her next months rent & her mother slowly gives her money. Okay; things are getting weird. She would be sleeping on the couch. I was still skeptic as i still was sleeping/staying at my old apartment. May 5th came around & i finally decided to move in/sleep at the new apartment. Other things happened during this time that are better discussed in person. May 12th comes around; I didn't see her for a day or two & she decides to text me & say she would not be leaving due to her health & that I would have to vacate after the 30 days is up. More details would need to be explained better in person. But I hadn't even been there a full week. I asked for my deposit. She says she doesn't have it due to financial issues & asks me why I asked her that question. What do you mean why? I basically paid for an apartment that you're asking me to vacate. I need my deposit money. On top of that, she hasn't shown me her lease, she hasn't shown me a notice/letter saying that her apartment complex is okay with her subletting the apartment. This is BS. I need help.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Framingham, Massachusetts

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

The only issue i have is her not giving my $800 deposit back & the fact that she may be illegally subletting the apartment to me. I haven't seen a lease or note from her apartment complex.

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 1 hour by:
3/14/2018
Real Estate Lawyer: Attyadvisor, Attorney replied 3 months ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,700
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome and thank you for your question. I will be the professional that will be assisting you. Do you know who owns the property she is subletting to you?

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Customer reply replied 3 months ago
Yea; I'm assuming it's the apartment complex where I'm staying at.
Real Estate Lawyer: Attyadvisor, Attorney replied 3 months ago

Have you contacted them to see if this is an illegal sublet? If so you may need to sue her for damages she has caused you. You are never forced under the law to remain in an illegal rental agreement and the person that made the illegal agreement with you is liable for damages.

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Real Estate Lawyer: Attyadvisor, Attorney replied 3 months ago

Are you online with me? "According to Massachusetts law, you are allowed to sublet as long as your obtain written approval from your landlord. However, if your lease says not sublets, that means no sublets." https://flip.lease/tutorials/how-to-sublet-legally-in-massachusetts

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Customer reply replied 3 months ago
No; I havent called them to see if it is an illegal sublet. Shes always warned to stay away from the leasing office & asked me to call her first before anyone else if any problems were to arise in the apartment. Kind of shady to be honest. Seeing as I've never done this before. & telling me that if anybody asks who I am, I should just say I'm a friend of hers or something. & that I'm just checking up on her apartment.
Customer reply replied 3 months ago
38; even if subletting is allowed at her apartment, she has never shown me written consent from the apartment complex.
Real Estate Lawyer: Attyadvisor, Attorney replied 3 months ago

She is required to. Not showing you is a breach.

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Real Estate Lawyer: Attyadvisor, Attorney replied 3 months ago

Do you have any additional questions for me?

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Customer reply replied 3 months ago
Should I vacate the property? I've been trying to save up money to move someplace else & the deposit would have helped at least. I can't just up & leave like this. Should I just stay b in the apartment & wait for her to file an eviction notice or something before I take her to court. Or should I just go ahead & sue her?
Real Estate Lawyer: Attyadvisor, Attorney replied 3 months ago

You can sue her for relocation costs as well.

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Real Estate Lawyer: Attyadvisor, Attorney replied 3 months ago

Would you like a link for local Attorneys that provide FREE consultations in your area? I can also provide legal aid and Pro Bono Attorneys.

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Real Estate Lawyer: Attyadvisor, Attorney replied 3 months ago
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Real Estate Lawyer: Attyadvisor, Attorney replied 3 months ago
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Real Estate Lawyer: Attyadvisor, Attorney replied 3 months ago

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

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Customer reply replied 3 months ago
I can sue her for relocation costs? & should I vacate the apartment or wait for her to file an eviction notice on me?
Real Estate Lawyer: Attyadvisor, Attorney replied 3 months ago
JA is a general information site. Pursuant to the terms of service for the site the Attorneys on the site cannot enter into an Attorney/Client relationship with the customers of the site. I have provided the law for you as well as links for local legal assistance that can advise you. Thank you for using JA we appreciate your business.
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