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A friend was going to sublet with me, but never signed a…

Customer Question
A friend was going...

A friend was going to sublet with me, but never signed a contract with me, a renter/tenant agreement. Then moved out can I receive any legal punishment if she doesn’t receive her deposit back

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

Colorado

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

She never signed the lease

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Was paying me aside from the lease, and wants her deposit back, but I want to know if I have any legal obligation to give it to her

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 1 minute by:
4/5/2018
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 4 months ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,851
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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What was the agreement with her? Why did you not have her sign a lease?
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Customer reply replied 4 months ago
She didn’t want to be on a lease and I asked her multiple times to sign a personal contract with me and she said she would but never did. And it was in the contract that she would get it refunded
Customer reply replied 4 months ago
I only ever agreed to pay her rent back over to her if she moved out by the first of April
Customer reply replied 4 months ago
Our agreement was she would sign a personal contract with me, that stated she would have her deposit refunded, and she would pay the the amount of rent due, and if she broke the year long contract, she would have to pay until other tenants were found to assume it. But she never signed it. Not once.
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 4 months ago
Thank you. She should have never moved in unless she signed the lease prior to. Without a lease she would have a month to month tenancy and could vacate with the proper notice. From a legal standpoint, you need a legal basis to impose and keep her deposit so even though she moved out, you could not keep it unless there was damage or she failed to give you the proper notice which is 21 days. If she never signed it she could leave with a 21 day notice but if she did not give it you could
Hold her to another month tenancy and demand she pay rent or use the deposit.
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Customer reply replied 4 months ago
Can I use the deposit to cover when she didn’t pay the rent and I had to cover
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 4 months ago
Well yes. If she had a legal obligation to pay rent and resided there and failed to do so and you paid, you can impose a claim on it for unpaid rent / damages suffered.
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Customer reply replied 4 months ago
How would I claim accordingly
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 4 months ago
Once she vacated you would need to send her the proper written notice imposing a claim and stating the basis for it. If she resides there and owed rent and failed to pay and you has to pay to prevent eviction, you can advise you are applying the deposit to the rent which she owed
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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 4 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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