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My subtenant hasn't paid last month's rent, asks me to use the security deposit, she refuses to move out of apartment before end
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The subtenant has not paid her last months rent, after assuring me she is on her way to deposit the rent in my account. My apartment has my furniture as well as cable and utilities included for her. Now she refuses to pay or vacate the apartment. I need the apartment at least a week before the last date of the lease to sell the furniture in the apartment, and prepare the apartment for return to the landlord. The landlord still holds my deposit which is now at risk because my subtenant will not pay the rent or leave the apartment. What legal remedy do I have? Can I refuse entry of the apartment to her without a Court Marshall's eviction? Will that be considered an illegal eviction?
I'm a bit confused as to what is going on here, so bear with me.
You are the tenant, correct? You have a lease with a landlord. A subtenant has a lease with you. Is that correct?
You have subleased the apartment to someone, and she gave you a deposit. She is now refusing to pay the last months rent and telling you to take it out of her deposit. Correct?
Issue 1) You are not allowed to take it out of her deposit. You have to come after her for unpaid rent separately. The deposit is for repairs/etc only.
Issue 2) In your lease to your subtenant, did you specify that she was to give you access to the apartment a week before the end of the lease, to sell the furniture? If not, you cannot access it for that purpose.
Issue 3) Is she saying she's going to stay beyond the end of the lease, or just up to the end? If she stays beyond you can bill her for additional rent.
Issue 4) If she is late you can file for eviction. You cannot refuse her entry into the apartment though. Self help is illegal.
Issue 5) Your deposit with your landlord. Why is this at risk? I don't see anything in here that has to do with damages?
