subleasing an apartment from craigslist

[holden j caufield]

So I found an apt near the beach an the renter has 1-2 months left on her lease. I'll be subleasing it from her and we won't be dealing with the leasing office because they charge a few hundred for a transfer. What should I make sure are in the contract, what should I look for? I'm paying xxx for rent/month, 2xx security deposit, and 1xx for cleaning deposit. What do I make sure so I get my security and cleaning deposit back. And what other scams do I need to look out for?

 

[FelixDeCat]

"wont be dealing with the leasing office"

"what other scams do I need to look out for?"

:hmm:

 

[Ruptga]

If you have to ask if it's a scam...

 

[deadlyapp]

As long as the contract mentions the above you will probably have recourse if it came to a small claims court. Just make sure you document how it looks before you move in, no matter what. As long as all numbers are in writing you would probably be safe.

 

[angminas]

Can they really make a legally binding contract if, as I assume / understand, the renter doesn't have the legal right to sublease anyway? I don't really know, but to me it sounds like a risky situation for the sake of a few hundred dollars.

 

[guyver01]

So I found an apt near the beach an the renter has 1-2 months left on her lease. I'll be subleasing it from her and we won't be dealing with the leasing office because they charge a few hundred for a transfer. What should I make sure are in the contract, what should I look for? I'm paying xxx for rent/month, 2xx security deposit, and 1xx for cleaning deposit. What do I make sure so I get my security and cleaning deposit back. And what other scams do I need to look out for?

1 - 2 months left on the lease?
which is it?
1 month?
or 2 months?

that makes a BIG difference when you move in.

 

[1sikbITCH]

It occurs to me that if you are knowingly entering into an agreement with the knowledge and intent of violating the existing agreement, you may not have any recourse. If she doesn't return your deposit, are you going to complain to the owner? You're not supposed to be there. Small claims court? Not a lawyer, but I can't see a judge feeling sorry for you.

Kind of like those episodes of Cops where someone calls 911 because they got burned for their drug money.

 

[Vette73]

It occurs to me that if you are knowingly entering into an agreement with the knowledge and intent of violating the existing agreement, you may not have any recourse. If she doesn't return your deposit, are you going to complain to the owner? You're not supposed to be there. Small claims court? Not a lawyer, but I can't see a judge feeling sorry for you.

Kind of like those episodes of Cops where someone calls 911 because they got burned for their drug money.

If he writes it up correctly he should win in small claims court. Most SMC look just at the basic facts and don;t get "super legal" into it.

I have sat in several courts, mostly small claims as they are always the most fun, and thats what I have noticed by many different judges and areas.

 

[Sho'Nuff]

Can they really make a legally binding contract if, as I assume / understand, the renter doesn't have the legal right to sublease anyway? I don't really know, but to me it sounds like a risky situation for the sake of a few hundred dollars.

Based on the OP, I don't think you can assume that the renter doesn't have the right to sublet. The OP's post only suggests that the landlord has reserved the right to authorize a "trasfer" of the existing lease. A transfer of one's obligations under a lease is a different transaction than a sublease.