ethical subleasing question

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i moved in with a friend who was the sole tenant on a 2br's lease a few months back, and started supplementing his rent then. he moved a few weeks ago, and another person moved into his room. we're now 'official' subleasors of the apartment -- 10% rent hike and all -- and we signed an agreement to pay him rent, etc. the day before my old roommate left, my new roommate said, 'hey, do you want me to give you a deposit?' and the old said 'sure,' but no one said anything to me about paying anything. which resulted a long string of utility-haggling e-mails ending with him saying 'and by the way, i need that deposit asap.'

mitigating factors:
*he doesn't have a job in his new locale, and i suspect that he's going to use my deposit money to pay bills.
*i'm nervous enough about entrusting him to pay rent (the landlord will only accept checks from him, since he's on the lease) because he is REALLY BAD with bills -- we got our phone cut off once, and our cable almost cut off twice, during the short time we lived together.
* he left the apartment a freaking pigsty when he left -- one that my new roommate and i had to clean up. junk in the junk drawer was only the tip of the iceberg.

i don't think the sublet agreement i signed mentioned a deposit at all, but i would have to check.

suggestions? advice?

― anon., Wednesday, 16 October 2002 16:56 (twenty-three years ago)

Do you want to try and stay friends with this person, or is that not a concern?

― Nick A., Wednesday, 16 October 2002 17:19 (twenty-three years ago)

Get the hell out. It's going to end in tears whether you pay the deposit or not.

― Billy Dods (Billy Dods), Wednesday, 16 October 2002 17:29 (twenty-three years ago)

yep i would suggest a move too if you want to keep this friendship intact, otherwise try to get a written agreement from him that the rent will be paid automatically from his account to the owner.
sub-leasing is fraught with dangers that inevitably ruin friendships and destroy trust, i dont think it is ever a good idea but if you are stuck for the moment try to at least ensure the rent money goes where it should.

― donna (donna), Wednesday, 16 October 2002 17:44 (twenty-three years ago)

i should probably also add that my major qualm right now is about paying the deposit -- if the rent doesn't get to the landlord on time, it's his problem -- which was sprung on me today, sixteen days after i officially became a subleasor. saying 'i need $xxx now' is not really cool, i don't think, especially when it comes at the end of a long session of figuring out other utility bill payments.

― anon. (maura), Wednesday, 16 October 2002 17:46 (twenty-three years ago)

if a deposit isnt in your agreement you dont have to pay it, even if your friend is in need of the money to pay his bills. this is why it stinks to get embroiled in leasing via friends.

― donna (donna), Wednesday, 16 October 2002 17:58 (twenty-three years ago)

His bills, his problem.

The way to deal with this where there is no comeback is to open a savings account for the deposit money because TECHNICALLY he isn't supposed to touch it for the duration of your tenancy. I'd stick it in one of those accounts where both your names are on it, he needs a co-sign to get at it, and there is a stiff withdrawal penalty if anyone tries to get at it before six months have elapsed.

If you do this, you both win because the cash will generate some interest over a year. And if he withdraws it early, you knew you were right.

― suzy (suzy), Wednesday, 16 October 2002 18:03 (twenty-three years ago)

Billy is absolutely correct here. Entering into any sort of subletting agreement is asking for a big heap of trouble even before you get into the friendship issues.

― RickyT (RickyT), Wednesday, 16 October 2002 23:57 (twenty-three years ago)

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