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Can i sue the sublessor for the damages he caused without a contract?


July 1 - i sublets my apt to a guy while traveled overseas. We did not sign any contracts. He paid me by check for july and aug.

Aug 13 - the guy was forced to move out because the landlord said subletting is not allowable. They took my deposit money away.($1000) changed the lock, kicked me out from the lease, therefore, i broke the lease.

Aug 21 - I returned from another country

Sep 4th - i received a letter from the management office says "the person you sublets to caused a severe water damage "and they are charging me $3000 for the damage.

My questions are, the apt became empty ever since the guy moved out. I broke the lease so they keep my deposit i understand that but is it legal for them to notify me about the damage 20 days later and charge me $3000 for it?

Can i sue the sublessor for the damage he caused without a contract between me and him? I have proofs that he rented my apt and lived there. (photo copy of his payments, emails, my air tickets...)

do i get a big chanc

The main issue is that without a contract firstly you cannot establish that the unit was actually subleased to the individual. Secondly, without a contract there is no record of the condition of the unit prior to him moving in.

You can try a small claims case, however it will be difficult to prove without any documentation.

Of course you can sue him.

And of course you will lose.

The court is not in business of validating an illegal or tortious act on your part. By violating your lease you assummed legal liability for your "guest".

ACTUALLY SCHMED:
THe cancelled checks are prima facie evidence of a contract (agreement) between the parties.

Regardless, the court will not validate such a contract made against public policy, in this case, in clear violation of the existing lease.

Ok. Basically, since you broke the lease first, by subletting and by the water damage (which still falls on you because it was your lease, plus damages that are caused by someone who wasn't supposed to be there are still your responsibility), they can do whatever they want to you. A letter specifying damages within 20 days is perfectly reasonable -- that's plenty of time for them to clean out the apartment, discover the damage, consult with attorneys or whomever, and notify you. Basically, the breach was on you, so the landlord is within his rights to get it all from you.

You could probably sue the sublessor for the damages, but good luck without a contract.

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