My son was a visiting student at a university in Massachusetts for Fall 2014. They subleased in a university-affiliated dorm from September 1-January 1. The university housing office only approves subleases, they do not handle anything else (rent, tenant disputes, etc), so we paid the original tenant directly and handled everything through them.
My husband and I moved our son out at the end of the semester on December 22. About a week before moving out, the tenant told my son that they were going to terminate the lease, and asked him to submit the paperwork to end the lease on January 2. My son (wanting to be kind and helpful) agreed to do so and planned to turn it in the day we left Massachusetts. When he went to the housing office, they said that they would not accept the paperwork until they reopened on January 2 since the termination date was after January rent would be due. He told the tenant he would just mail the documents, which he did, and he got a tracking number. On January 2 he emailed the tenant saying that the office had received the papers.
Last week, my son received an email saying the housing office claims to have no received the papers until January 12, causing the tenant to pay the housing office until the day it was re-rented, which totals 16 days. The tenant is demanding my son pay those 16 days of rent or he will be sued for the money.
Does the tenant actually have legal basis to sue? The tracking number says the paperwork was delivered and the sublease ended on January 1. Additionally, none of this was in the sublease contract that was signed, just said in emails and text messages. The tenant has a lawyer already, so should look into one as well (would like to avoid this because of the cost…)? Thanks in advance for any advice.
Rather than everyone suing each other, can you jointly contact the university, show them the receipt/tracking number and proof of receipt. Maybe the university will agree that proper notice was given.
What was your son’s sublease end date? Did he agree to take over the entire lease, including termination? For 16 days of rent, it hardly seems worth all this trouble. I’d imagine the ‘lawyer’ is a friend, relative, or law student.
@twoinanddone Thanks for your reply, I wish it were that easy. Since my son is no longer a student at that university AND was never a “tenant”, just a sublettor, they will not speak to him. My son gave the tracking number and a screenshot of the proof of delivery to the tenant.
His sublease ended on January 1. We moved out before then, he did not sign anything about the termination or anything outside of those dates EXCEPT for saying he would turn the termination papers in. I agree it is not worth the trouble, but we do not have the funds to pay this unexpected cost (my son’s housing is covered by scholarship and aid). I’m trying to figure out if the demand for payment is justified as well.
Unless there’s something missing, the tracking number receipt and documentation showing it was delivered on January 2 should constitute sufficient proof that the housing office received the documents. Did he receive and kept the original copy of the receipt showing proof of delivery?
Any issues with the documentation afterwards is the responsibility of the housing office as once the mail/delivery service has delivered the documents and there’s documented proof, possession of them is considered completely passed onto the receiving party and with it…responsibility for them.
Frankly, this issue sounds like an issue between the housing office and its possible bureaucratic bungling and the tenant.
I would call his bluff! Your son met his contractual obligation. He moved out by his lease end date. Furthermore, the tenant is ultimately responsible for ending his lease, not your son. The other guy should take the delivery confirm and hash it out with the school. He doesn’t have a case against your son.
The tenant never should have put your son in charge of ending the lease. It was never your son’s responsibility, and he still in good faith did what he could and communicated to the tenant, including the tracking number. I don’t know what else he could have been expected to do. If I were trying to end my lease in a case like that, I’d be calling the management office and mailing the paperwork, and I’m kind of confused at the tenant dumping this very important thing off onto the person that happened to e subletting from him. It’s like he forgot that mailing was an option.
The issue is between the tenant and the university. Your son has nothing to do with it, and should have no liability. He can send the appropriate documentation to the tenant, and then do nothing more. It was the tenant’s responsibility to terminate the lease. (It is possible that the agreement in e-mails and texts may constitute a contract between your son and the tenant, but it is still the tenant’s ultimate responsibility to see to the end of the lease.)
I have a feeling that the tenant is coming after your son simply to see if he’ll cave and pay up; threats to take legal action are often just bullying tactics. And if he is sued, it would likely be in small claims court.
Depending on the size of the demand, and what you can afford, it may be worth it to offer to settle for some portion of it. Offers to settle cannot be used in court as an admission of liability.
Thank you all for the responses. I’m helping him draft an email explaining where his responsibility with this apartment ends, hopefully we will find a way to settle this out of court. He also has free student legal service at his home university and is trying to get in to meet with that office. If the tenant does end up taking legal action, who knows… just hoping for the best.
Where do you live now? Especially if you are far from Massachusetts, but even if you are close, I would tell him to go pound sand. He is trying to bully your son. I would send him a very very short email if I responded at all, something along the lines of, “sorry, not my problem.”
I am also of the mind to not respond.
Once the tenant was informed of the tracking number and receipt of the mail by the due date, your son’s transaction was done.
I doubt this will get to court. It is just a ploy by the other kid to get reimbursed.
I once sold a 10 year old car on Craig’s list, cash. The buyer took the car for a ride with her ‘mechanic’ brother in law. They identified a problem, one which I had suspected and we agreed to a reduced price. Two weeks later she found a different problem and wanted me to split the cost of the repairs.
I politely declined; our transaction was over.