Can I take legal action against a person who subleased my apartment and didn’t pay a deposit?
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Can I take legal action against a person who subleased my apartment and didn’t pay a deposit?
The deposit was not discussed at the time of move in but I want her to cover some of the damages taken out of the deposit that I got returned to me. She signed a sublease for rent but the deposit situation was not worked out between us. I want to take legal action to get money from her.
Asked on December 14, 2011 under Real Estate Law, Colorado
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you sub-leased your rental to another person, did not require a security deposit from her, and there was damaged to the rental caused by her that you had to pay the landlord under your master lease with him or her, you would be allowed to bring an action against the sub-tenant for the amount that you had to pay. Most likely that would be in the small claims court.
I would write your former sub-tenant a demand letter requesting payment of the amount owed. If not paid in the demanded time period, you are free to file suit. I would keep a copy of the letter for future need.
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