Anyone familiar with subletting?

[Chrysanthemum62001]

Posted: 7/22/09 at 9:03pm

Hey guys, I'm in a bit of a pickle and I have no idea if I have any rights but I sure need to know.
I'm subletting an apartment from someone, she no longer lives here but she burst in unanounced this evening while I was sitting in the living room talking on the phone. I nearly jumped out of my skin when I heard someone open the door. No, I didn't sign anything, so I'm not a protected lease owner. But this barging in un-announced has me absolutely irrate. Is she free to just come and go as she pleases? Do I have any rights subletting this apartment? I am mad as hell!

[MTVMANN]

Posted: 7/22/09 at 9:29pm

What did she do? Just get something or checking up on you?

It is for sure rude, unpolite and unprofessional but...don't you pay her and she then pays her landlord or something? In a way that might make her have some bit of a right.

[Jane2]

Posted: 7/22/09 at 9:48pm

It doesn't matter how anyone's paying-it's just flat out of line to barge in like that.

She should have called and asked you if it would be okay to come in - it's your place while you're subletting.

[Pippin]

Posted: 7/22/09 at 9:48pm

I'm confused. How can she enter the house if she doesn't live there anymore?

[TheatreDork2]

Posted: 7/22/09 at 9:51pm

She's on the lease. She would be like your Landlord.

[Pippin]

Posted: 7/22/09 at 9:58pm

even so, my landlord has the courtesy to call me and let me know when he's coming over.

[SNAFU]

Posted: 7/22/09 at 10:27pm

Basically tell her, in a calm and non confronting manner that her intrusion scared you. Also ask her to next time, please call in advance to make sure you are not busy or and available to have her pay a call.
There is not much legally you can do (except maybe change the locks) but insist she afford you the same courtesy that landlords BY LAW are to show to leaseholders. Remember you are doing her a service to by paying the rent she would be responsible for if she hadn't subletted to you!

[jessica0414]

Posted: 7/23/09 at 12:59am

^ I agree. I wish I would have done that when I was subletting. I sublet a 3 bedroom apartment from a friend that 3 of the girls who lived there had moved out of for the summer. Supposedly. Because one night one of the girls (who I was not friends with) barged in around 2 a.m. COMPLETELY wasted with like 3 other girls and 2 random dudes who I found on the couch the next morning. I was not pleased, especially since I had to get up for work at 7 the next morning. So, in short, I hope you aren't randomly interrupted any longer because I feel your pain! lol

[Taryn]

Posted: 7/23/09 at 1:10am

I'm pretty sure that if you don't have have a lease signed, you don't have legal rights to complain. You DEFINITELY don't have the legal right to change the locks. Not even your landlord has the right to do that.

Of course, you have rights to complain about it just being plain rude and intrusive. But according to the law, it's her apartment.

[JerseyGirl2]

Posted: 7/23/09 at 1:59am

I would be more concerned about her barging in when you're not there.

[blaxx]

Posted: 7/23/09 at 2:03am

I thought not even a landlord had the right to go in without notice.

I'm pretty sure that if you don't have have a lease signed, you don't have legal rights to complain.

I'm sure that's not true. I had a similar problem, and they made it clear that subletting, even with a verbal contract, is a binding legal obligation, just like being a landlord/tenant.

[JerseyGirl2]

Posted: 7/23/09 at 2:20am

Did you sign a contract or is all of this happening off the record?

[Chrysanthemum62001]

Posted: 7/23/09 at 8:03am

Thanks everyone for your advice. We did not sign a legal contract, which is why I was afraid I didn't have any lease-holders rights. She forfitted her keys to me when I payed her the first months rent and the security deposit, but I was (stupidly) unaware that she had a spare set of keys.

Believe me JerseyGirl, I am extremely concerned about her barging in when I'm not here! In fact, it is my belief she thought I wasn't here. I live on the second floor, and my bedroom windows face the street. She could have seen from the street that none of the lights were on.

I am a peaceful, loving, and empathetic person. And when she barged in, I was so irrate and just flat out SHOCKED that I decided not to interrupt the long-distance phone call I was already deep into, and just ignore the situation. Before she left she stated "we need to talk" and I told her to either call me or email me. When she does, I will be making it ABSOLUTELY clear she is to contact me before. If she has a problem with this, I have no problems moving out. I didn't legally sign anything saying how long I would be living here, and yes it would be a horrible inconvenience to move. But I will not allow someone to burst into my sanctuary like so. She didn't even have the courtesy to ring the bell!!

[Jane2]

Posted: 7/23/09 at 9:13am

As I said, YOU are paying the rent-it's YOUR place.

[Marianne2]

Posted: 7/23/09 at 10:29am

I agree with what everyone else has said. I don't know what this girl's intentions were with subletting to you, but it would have been nice if she explained. My sister did sublet an apartment once, but it was so she could move out without breaking her lease agreement. Although she still lived in the same neighborhood, she had no reason or business going back to the first place at all.

[Phyllis Rogers Stone]

Posted: 7/23/09 at 10:49am

I know it doesn't help you now, but I highly recommend you ALWAYS get something in writing when you're subletting or in ANY situation where you are living somewhere long term but are not technically on the lease. I had a friendship go sour with a former roommate while we were living together and it got ugly, and I think a lot of it could have been avoided if I had insisted on something in writing first.

ETA - This sounds like a really crappy situation waiting to happen. Unless you come to a satisfying resolution with this person, you might want to think about finding a new place. The short term aggravation might save you bigger headaches in the future. Good luck!
Updated On: 7/23/09 at 10:49 AM

[JustAGuy]

Posted: 7/23/09 at 11:10am

Can I suggest you get a slide chain for the door, and use it every time you're in the apartment. At the very least it would prevent her from barging in. Best bet would be to change the locks, not cheap but effective.

But, what I'd really do is start looking for another place. The "we need to talk" seems like a thunder cloud on the horizon...I think there's a storm coming.

Posted: 7/23/09 at 12:05pm

"We need to talk" never prefaces good news in any situation. Ever.

[Taryn]

Posted: 7/23/09 at 12:47pm

There are leases for month-to-month renting situations. I would suggest exploring those options next time you need to rent or sublet from someone without a long-term commitment. A lease is your protection.

[Phyllis Rogers Stone]

Posted: 7/24/09 at 12:56pm

Update? We want to know what happened!