My mother subletted to a fella that neglected the places and what not ,we have a 2 bedroom apartment that we do not furnish a refrigerator and this guy that subletted furnished a refrigerator ,now the frig has gone out ,we told the tenant he would have to go out and get one ,or call the man that took his deposit ,to get it back from him and buy one,my question is because this man that subletted from my mother , furnished the frig do we have to replace something we didn't furnish to begin with? Also because this guy collected all the deposits is he responsible for the return of the deposits,sorry for a 2 part question that ran together.The tenant does not want to call the guy that subletted from us ,we think that he didn't pay a deposit ,there was a lot of shifty stuff going on.
rainasky
08-13-2006, 09:22 AM
Does your mother OWN the property in question?
Let me see if I can make sense of this - your post is a bit confusing.
Your mother owns a two bedroom apartment which was rented to gentleman #1. Your mother then allowed gentleman #1 to sublet the apartment to gentleman #2, correct? Gentleman #2 is then effectively taking over the same lease gentleman #1 signed with your mother. The refrigerator was not on the property when gentleman #1 moved in, therefore no provisions were made in the lease about maintainence of this appliance (meaning, no, your mother is not under any obligation to fix or replace it). Was there a sublet agreement made (in writing) between gentlemans #s 1 and 2? Why was gentleman #1 allowed to collect the deposits from gentleman #2? Your mother is the one who will be financially responsible for making any repairs to the property once both gentlemen have vacated, the deposits are for that specific purpose. However, your mother can withhold gentleman #1's deposit if gentleman #2 causes any damage to the property while he lives there, since the sublet agreement is a good-faith agreement between the original tenant and the subletting tenant.
BROOKS
08-13-2006, 12:17 PM
Nice job rainasky, I was so confused I didn't even try making sense of it all.
styx47
08-13-2006, 07:10 PM
Sorry for the confusion! My mother owns the said property.She owns 2 houses and 3 apartments,ok,she was renting all the property to the fella #1, where he assumed the role as landlord. He knew from the get go that 2 of the apts we did not furnish frigs,but when he rented out the first time ,the tenant left the frig in lieu of 8 days of rent. So,he just kept it in there and kept renting it out with the frig, so now since she took them back ,this frig went out ,my mother told them (the tenant) that she didn't supply refrigerators,all his food was unthawed,she told him to talk to the guy that received your deposit guy #1,well there was no deposit (money) the guy painted the living room for the deposit ,my question is my mother responsibile for replacing a refrigerator that she did not supply. Thank! I hope this was a little clearer.
rainasky
08-13-2006, 07:43 PM
No, your mother is not responsible for replacing or repairing any appliance which she did not furnish to the tenant. A previous tenant left the property there, so I would seriously doubt that the "acting landlord" is responsible either (unless there is a written clause in the sublet agreement specifically dealing with the refrigerator).
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