<p>My daughter sublet her off-campus apartment this summer, and did not get a deposit and first month’s rent upfront. There’s no written, signed lease. So, of course, she’s gotten no payment. Girl has been in the apartment for 4 weeks and has twice said the payment “is in the mail.”</p>
<p>I see no reason why this person should live rent free, when my daughter could still try to sublet the place for the remainder of the summer.</p>
<p>My daughter is pretty stressed about this. When she talks to the subletter, the subletter gets angry at her, saying that she had to pay to cancel the first “lost” check, and maybe my daughter lost the check on the way to the bank. The last story is that the mom mailed the check to us, but didn’t realize this was time sensitive so that the check went in the mail on Friday instead of Wednesday. </p>
<p>I’m tempted to drive to the apartment and move everything out – into the street if need be. </p>
<p>Any suggestions on what to do? </p>
<p>(and yes, I do hope my daughter has learned a lesson in this.)</p>
<p>If you moved the stuff out into the street you’d probably be liable for all that stuff if it was stolen or damaged so I don’t think that would be a good move. </p>
<p>Does your D (and you) think this girl will never pay and is just planning to decieve your D and live rent free or do you just think she’s an incompetent person who’s placing no emphasis on paying? If it’s the latter then you might want to go another week or so and see if you get the check. If you don’t get the check (or if it bounces) then tell her she needs to move out immediately and that you’re going to take her to small claims court to recoup the funds. Keep in mind she might have some legal recourse that requires your D to go through legal eviction proceedings before she can be forced out. </p>
<p>If your D doesn’t have another sublettor lined up then maybe hoping for the former, that this incompetent person will eventually cough up the money, is the better recourse for the next few weeks.</p>
<p>Well, obviously if the subletter gives me cash, I wouldn’t do it. But I am very skeptical that she would fork over the money (because it is “in the mail”).</p>
<p>You need to do something. If it isn’t go far to drive then yes, I would drive there and give this deadbeat a choice, fork over the money or move out right then. No more excuses.</p>
<p>I’m not sure if there is a lesson to learn here. I think at some point in everyone’s life they get taken by somebody. Most people are honest but there are the few who will take your wallet right out of your pocket if they can get away with it.</p>
<p>Don’t go to the apartment and move out her stuff. Believe it or not, the deadbeat sub-letter has legal rights. They vary depending upon the state/city/county. Do a search for landlord/tenant rights in your city, state. Then follow the instructions exactly regarding serving written notice to pay or quit, etc. If it turns out you need to go to small claims court, do a search for your local court, and they will likely have sample letters for you to use. These are very effective, as they are written in “legalese.”</p>
<p>An unwritten agreement can be enforced. Also, your D should read her lease–hopefully, she is permitted to sub-lease her apartment.</p>
<p>Whatever you do, DO NOT move the stuff out. You could create huge legal problems for yourselves. Let’s just hope that the sub-letter is not a “professional squatter.”</p>
<p>If you are having to pay for that apartment, I think it would be appropriate for you to call the tenant. If your daughter is footing the bill, I think she should handle it with your guidance, which may include helping your D take the girl to small claims court or having the tenant get a letter from your lawyer.</p>
There are some definite lessons to be learned here - </p>
<ol>
<li><p>Have a signed contract for the sublet.</p></li>
<li><p>Do a credit check on the sublettor.</p></li>
<li><p>Collect the payment (first/last or first/deposit) up front, put it in the bank, and make sure it clears BEFORE allowing the sublettor to move in.</p></li>
<li><p>Know the subletting/eviction laws in the area and the subletting rules for the apt. </p></li>
</ol>
<p>I think it’s pretty common for college students to forego all of the above since they’re naive and trusting and have no experience. The person ‘seems okay’ so they’ll rent to them with no credit checks and no deposits and they’ll often ignore whatever the subletting rules for the apt are and sublet regardless. Obviously I don’t know the particulars in this instance but this thread whould be useful for other parents/students either in a similar situation or contemplating subletting.</p>
Some things we leave to our kids to manage but some things, especially when it involves our money or significant money, we as parents need to get involved with. I think the parents contacting the girl is okay in this situation once you believe there’s no way she’ll actually pay. Just be careful what’s written and what’s stated - just write and speak as if it all might come up in a courtroom someday.</p>
<p>Yes, we are paying for the apartment. I like your reasoning, NSM, thanks.</p>
<p>And yes to what ucsd<em>ucla</em>dad said. I feel badly that we didn’t tell our daughter all of the above, and I won’t bore all of you with the details as to why we didn’t – but at the very least, we should have gotten a deposit and first month’s rent before she moved in.</p>
<p>^^ We all can easily take the casual route every now and then until we get burned by it a time or two. </p>
<p>Hopefully this girl will just turn out to be incompetent in paying her bills and will come through with the money - especially when she realizes she’ll shortly be on the street otherwise. If this other girl is also a college student I wouldn’t be surprised if this turns out to be the case.</p>
<p>I hope it goes well and this turns out to be just an exercise in frustration and doesn’t hit the pocketbook.</p>
<p>As per sopranomom, I found what I needed in state law. There actually was a form letter for landlords to send to tenants.</p>
<p>Honestly, I have no clue whether she’s incompetent or never planned to pay. It bothers me that she had the nerve to yell at my daughter when my daughter asked for payment. The last thing she told my daughter was that her mother mailed the check on Friday, sending it (she said) in a way that will need our signature. I’m trying to be patient, but something mailed on Friday from Indiana to the East Coast should have come already …</p>
<p>The type of notice here is usually called a Pay Rent or Quit notice. There is usually 3 days given to pay before eviction can take place. State or local laws probably vary, and should be consulted.</p>
<p>Hopefully, the young lady understands what a big deal it is to her if you file for eviction (after the allotted 3 days). No landlord in their right mind will rent to someone with an eviction on their record, no matter how long ago. We make exceptions for low credit scores or outstanding bills, but never for an eviction. Also, ask for a bank cashier’s check, because it won’t bounce. If you are not picking up the check (or cash) in person, you may want to ask her to overnight the check, because the three days will pass before you receive it. By allowing extra days to go by, she can argue that you didn’t mind waiting a few more days, and the courts will side with her on that point. Another problem: if she doesn’t pay, she may trash the place before leaving, and the damage will be charged to you by the landlord. One more problem: If you end up filing for eviction, be aware that there are paralegals and legal assistants who spend their days perusing eviction notices, then contacting the “victims” offering their services to fight the eviction and protect the tenants rights. They can delay proceedings for weeks or months… Good luck!</p>
<p>I had another thought. IF the tenant is an acquaintance of your daughter, or a “friend of a friend” you might try playing good cop/bad cop with this. Your D could call the girl and say “My folks are really mad and they’re going to file for eviction or call the police or something. I hear you’ll never be eligible for another apartment again once you have an eviction…I think I can convince them not to do this if I can come pick up cash or a cashier’s check for the past due and the next month (weeks, whatever) tomorrow.” Then, your D can go down there with 3 of her well-built male friends (for protection, not intimidation) and pick up the $. If she doesn’t have the $, your D can then serve notice in person. You can send a copy of the notice in the mail as well (certified) in case the tenant is not at the apt. You can’t just leave the notice taped to the door unless you also send a copy via US mail (in CA–could be different in your state).</p>