O/T Legal Question

[Philthy]

Ok, So I have been in this apartment for 6 years.
I sublet a room for 100$ more than half of the rent. So, it is saving me 100$ a month. I never signed a lease with my landlord and he never raised my rent.

So, this roommate thinks the rent is 1500 when in fact it is 1400 and has agreed to pay what I asked when he moved in. He signed no lease and I charged no deposit.

He recently found out the rent is 100$ less that he feels like he should be paying.

He says he wants his 1200$ back for the year he leased the room.

Does he have a case in small claims court?


(serious issue, please keep it on topic and professional)

 

[Jello]

Ok, So I have been in this apartment for 6 years.
I sublet a room for 100$ more than half of the rent. So, it is saving me 100$ a month. I never signed a lease with my landlord and he never raised my rent.

So, this roommate thinks the rent is 1500 when in fact it is 1400 and has agreed to pay what I asked when he moved in. He signed no lease and I charged no deposit.

He recently found out the rent is 100$ less that he feels like he should be paying.

He says he wants his 1200$ back for the year he leased the room.

Does he have a case in small claims court?


(serious issue, please keep it on topic and professional)

If it's all just a verbal agreement that you guys are in, then no, he would not be able to do anything.

That being said, maybe you should be more honest in the future. If you agreed to half the rent, that's what you should have been charging him.

 

[Leggo my Ego]

Your agreement with the landlord has no bearing on your agreement with your tenant. As the poster above mentioned, if the agreement is verbal than he has no recourse regardless of what he thought your rental agreement with the landlord was. You told him a monthly cost and he agreed and he paid, therefore he must have seen a value. If you secure a cheap rental agreement and you can benefit by charging greater than 50% to take on a tenant, more power to you... The total rent doesn't matter .. That is capitalism. Perhaps you should consider putting your sublet in writing.

 

[dieselbuilder]

Ok, So I have been in this apartment for 6 years.
I sublet a room for 100$ more than half of the rent. So, it is saving me 100$ a month. I never signed a lease with my landlord and he never raised my rent.

So, this roommate thinks the rent is 1500 when in fact it is 1400 and has agreed to pay what I asked when he moved in. He signed no lease and I charged no deposit.

He recently found out the rent is 100$ less that he feels like he should be paying.

He says he wants his 1200$ back for the year he leased the room.

Does he have a case in small claims court?


(serious issue, please keep it on topic and professional)

Guessing you are a philly guy, as am I, by your username. And as both posters below me say, you are fine in court, this guy has no case.

 

[lightofmyboner]

Be more honest in the future. You have every right to charge the guy 10x what you're paying if he's willing to pay it, but you shouldn't lie to the guy on what you're actually paying (at the very least, you can tell him "none of your goddamned business. take it or leave it").

As for court, sounds like there ain't shit he can do.

 

[mace123]

Considering he signed no lease, gave no deposit and was just fine with what he was paying before, I think that only charging him $100 more is a good deal for him.

Think of the risk on your part, he breaks a bunch of stuff or skips out on rent and you have no way to get your money because he payed no deposit and nothing was signed.

He has no chance in hell of winning this case, so long as you show up in court. I got screwed on a similar situation because I was unable to go to court. Long story but real shitty situation!

 

[wardog50]

I think your fine.

It may depend on state law a little though.
Here in Nevada a verbal agreement is considered to be just as legally binding as a written signed document.
I have used this two times against employers who tried to screw me.

Since you had him pay for a full year under the guise of paying half the rent it seems a little iffy to me.
You made the precedent and played on it so who knows.

My advice would be to hit up an attorney board that specializes in rentals and rent laws.

War

 

[Philthy]

I spoke with a lawyer today and he says I'm good to go and gave me a bunch of other advice.
Thanks for all of the input guys.