Can i refund rent paid in advance when the person who sublet the property without the knowledge of landlord?
I rented this double room and paid a month’s rent and security deposit. The woman (one who rented the property) asked me to leave the property mid of the month. She even gave me a cheque. Next thing i know she stop payment for cheque and is now saying i left the place on my own accord and refused to refund my half month’s rent and security deposit (it seems i messed up the property). I told her that i would move back in as i have already paid the rent for the whole mth. She said she won’t allow me into the property. What do i do? I have made a claim against her with small claims tribunal. Is there a chance of me winning?
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Tags: Landlord, Sublet, Woman One
rent property | , 16 Apr 10
By Edmund, April 19, 2010 @ 7:14 am
If you have the cheque or get a copy from the bank where you paid it in its going to make her story look a bit stupid.
Just move back in you have rented it and unless she has proof you have left she can’t stop you. Tell her you will be staying in a hotel till she lets you in and adding it to your claim against her.
By Patty R, April 21, 2010 @ 10:06 pm
You will win in small claims for sure. If you messed up the property she would not have given you the check.
I would also contact the District Attorney. Criminal charges can be brought against her for bad check. It is considered a bad check even if not honored for stop payment. Also if she does not own the property it is illegal for her to sublet without landlord permission. Sounds like a bit of a scam.
Good luck.
By charterman, April 24, 2010 @ 6:40 am
This woman who rented you the room sounds like a crook. I suspect that she has found somebody else willing to pay more money than you.
There is a paper chase because of the cheque that she will find hard to dispute. If she does go to Court to defend her actions, I think she could be facing charges of fraud.
I think you will win, but she will disappear and it will be a hollow victory.
Go and take some photographs of her and take the number of her car, ask the Police to help. This may help you to track the deceitful cow down later.
By Mikey B, April 26, 2010 @ 12:44 am
Keep the cheque, and take it to a good solicitor.
Legally in the UK if a cheque bounces or is cancelled without good reason then you can bankrupt the person that wrote it.
A cheque is a “Promise to Pay” and if they then cancel it, it counts as breach of contract.
I bet she cancelled it by calling it “Stolen/missin” too. Effectivley accusing you, and this constitutes slander and liable!
If she cancelled it as stolen/missing it would return to you, if she paid to cancel it as “Mis-issued” it may return to her or her bank.
By stormydays, April 28, 2010 @ 3:03 am
if you only paid a months rent i take it you were only there for a short while????
It is illegal from april 07 for any landlord to hold a deposit…it has to go into scheme