What to do if my sublandlord took off with my rent and nowI amon the hook to the landlord?
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What to do if my sublandlord took off with my rent and nowI amon the hook to the landlord?
I moved into my new apartment on about 2 weeks ago. My landlord told me $1200 for move me in and set me up for 2 months. The apartment didn’t have hot water and I was told that he had a plumber coming over weekend to fix it, so I agreed to move in. He took my money, in cash, and he decided to run. He is getting evicted by the current owners of the property because he won’t pay them rent and he can be evicted because of that and because he subleased. The owners will direct rent to me now. How can I get my $1200 back from my original “landlord”?
Asked on October 5, 2011 under Real Estate Law, New Mexico
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can sue the sublessor for fraud. Fraud is the intentional misrepresentation of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiably relied to your detriment.
Fraud occurred here when the sublessor leased the apartment to you when he knew a sublease was prohibited, and when the sublessor made the false representation about a plumber coming to fix the hot water to induce you to move in for payment of $1200. Fraud of course occurred when the sublessor absconded with your $1200.
You can file your lawsuit for fraud in Small Claims Court. Your damages (the amount you are seeking to recover in your lawsuit) would be $1200 plus court costs. Court costs would include the court filing fee and process server fee. In addition to obtaining a judgment against the sublessor for fraud, you should also seek a wage garnishment to enforce your judgment. Given the track record of this individual, it is unlikely he will pay the judgment against him and a wage garnishment will insure that you will recover your money.
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