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Updated about 8 years ago, 12/07/2016
In a stressful situation regarding an under-the-table sublet
Hello all,
I would greatly appreciate any honest advice and suggestions that someone knowledgeable can give me with regards to how to handle this situation..
I moved to Vegas at the beginning of 2016, around February. I signed a 1-year lease at a rental property, and have paid rent on time all the way until October. Due to serious cash flow issues and losing my job, there was no way I could stay out in Vegas any longer, and forced to move back home to Hawaii. I had only until January 31st to finish the lease.
In the interest of avoiding a 1,200$ early buyout fee, I thought of doing a temporary sublet for just 3 months. I offered complete furnishings, a free bed, printer, kitchen supplies, and various other things, and discounted the rent by 85$. The tenant would pay 600$ for the principal rent instead of 685$.
However, it was determined that the subletters would not pass the application process. I made a huge mistake and made an under the table deal with them. I made a written notarized agreement that they would owe me the 600$x2 for the remaining 2 payments, on 12/3/16 and 01/03/16.
I moved back to Hawaii on November 4th. They have been living there until now, but the leasing office has found out that they are living there and not just "house-sitting."
To make things more complicated, the online payment portal of the property was taken down and no longer available. I only found this out after the subletters wired me $705 to pay the necessary expenses (65$ internet, and 40$ energy in addition, not specified in the agreement). I then wired them the money back dollar for dollar.
Because they can't pass the application process, a 75$ late fee + 10$ per day late fee has been piling up on the amount due for 12/03/16.
I reached out by phone, and tried to assure the subletters that it was an unexpected change. The property management company had changed, and so the online portal being down was not known by me.
However, they responded harshly to me, out of completely irrational suspicion that I am pulling them by a string, or leading them in circles. I tried to rationalize, but was only met by anger, and it was impossible to converse with at that state.
I am now left ignored through both phone call and text message with the subletters. I got in contact with the property office, and they have decided to put a 5-day notice starting 12/07/16. The constable will come in, and boot them out, and change the locks.
My concern is this. In the midst of the angry phone call, I was effectively threatened by the subletters. They are using the fact that I am illegally subletting to them as a means to threaten me!
I want to know: if they go through the trouble (out of spite) to come after me for that reason, what could I possibly face? Will I have to fly all the way to Vegas just to handle that?!
Also...what kind of rights or evidence would I have in the event that they damage the place out of spite? This concerns me just as much. I was informed that I am ultimately responsible for the subletters behavior, as well as my place. At this point, over the next 5 days, I have ABSOLUTELY NO CONTROL over what they do. Let's say they damage the place out of spite. Could I then come after them in a small claims court battle, or something?