Saturday, May 26, 2007

Legal Eagles

Could someone please explain humans to me? 'Cause I just don't get them.

Here's the sitch:

I thought I had everything worked out for this summer. Someone was subletting my old apartment. I had put aside enough to pay the condo mortgage for the two months I'd be gone. And I had a fellowship to pay for my summer language lessons and living expenses in exotic Illinois. I'd even found an apartment to sublet that would allow Rowen to stay with me for the summer.

Yay!

I must be working off some bad karma. Because once again, my subletter flaked. This time, she was moved in already! But she called this morning and left me a voice mail saying that it "wouldn't work" and she had moved out. WTF?!?! Four days before the rent is due, she moves. With no notice. No warning.

So it looks like, come Tuesday morning, I'll be making a trip to the courthouse to start a complaint for small claims court.

Any legal eagles out there want to give me some advice? Being both incredibly stupid and incredibly busy, I hadn't gotten the sublease taken care of before Ms. Flaky Bitch moved out. BUT, I do have an e-mail in which I explicitly ask if she is committing to subletting the specific apartment for the specified dates and she responds, "OK. I'm in!" To my mind, that e-mail is a written (if unsigned) contract to sublet a specific property for a specific period of time. Anyone know if that argument will hold up in court?

I'm so frustrated with all of this. And I'm really just ready to give up on people in general. Is there no one out there who isn't entirely selfish and untrustworthy?

5 Comments:

At 10:54 PM , Blogger T. said...

I am sooo sorry! I think investigating the e-mail as a written form of agreement might be worth investigating. I'll e-mail a couple lawyer-friends and see what they say.

I wish I could help! I'll send good karma vibes your way and light a candle with Our Lady of Guadalupe on it, to boot!

 
At 7:47 AM , Blogger Lisa said...

Thanks!

I did find a guide from the American Bar Association on contracts, and it supports my assertion---that the e-mail was a written contract. But I'd love some expert advice.

 
At 3:16 PM , Blogger Bearette24 said...

I'm not a contracts expert, but if you have the email and can print it out, you can show that you relied on it to your detriment and she would (hopefully) owe you damages.

The problem is, you can't *make* someone do what the K says...there's this whole involuntary servitude thingy...but you can make them pay you. So as far as memory serves, I think you can get some $ for her, but not necessarily get her to sublet the place. I hope that helped.

Also, I think keen.com offers legal advice pretty cheaply per the minute...

 
At 3:17 PM , Blogger Bearette24 said...

I meant you could get money *from* her, not *for* her...I wish I could edit these comments ;)

 
At 4:55 PM , Blogger Lisa said...

Thanks! Quite frankly, I don't give a damn if she stays at the apartment or not. I just want her to pay the rent she was responsible for.

 

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