another security deposit dispute w/subletter

[spacelamb3]

I am having an incredibly confusing problem with my security deposit and am lost for a solution. If anyone has any time to read this and offer suggestions, I will be incredibly grateful--

I had been subletting a studio from a girl who is working on a project out in LA. Our agreement was from January until June; it was verbal because she was not there in person to show me the apartment (a friend did it for her). She took a security deposit from me but, because someone else was staying in the apartment before me, and she did not visit the apartment before I moved in, we did not have a common understanding of the condition of the apartment. Since I was "housesitting," I could not contact the landlord for anything, and the sublet was technically illegitimate.

In late April, I found a new (and great) apartment to move in to, and called her and told her I would be moving out in May. I found someone online to rent the apartment for one month, and told her (girl I sublet from) that I had found someone else to stay in the apartment for the last month, who would pay the rent and also put down a security deposit (equal to mine). She did not want to do a transfer of security deposits before she saw the apartment, and told me that, since I had rented the apartment until June, I should hold the new tenant's security deposit until she returned from LA.

I have this new tenant's security deposit and the girl I sublet from has not returned mine.

She apparently came into town from LA last week and visited the apartment, with the new tenant. The new tenant has made a new agreement with her to sublet the apartment for a few more months--past the term of my sublet and outside of my knowledge. The new tenant now wants her security deposit back from me.

The girl who is subletting received her May's rent and still holds the security deposit, and the apartment is fine. But she is furious with me and accuses me of "betraying" her. She told me, in a phone conversation, that she will not give me any of my security deposit back. She said that she has spent it (which I am pretty sure is illegal). Her reasons for keeping the security deposit are:
1. stated damages to some things in the apartment--namely the air conditioner (which I did not use during my stay because it was from january through April--which I turned on once, when the new tenant moved in, to show her that it operated, which it did).
2. The tenant below me had some noise complaints (not parties or loud music--walking back and forth after midnight on an old and very creaky wooden floor). According to the girl I sublet from, her landlord forced her to fly to New York in person to resign her lease, and she attributes this entirely to the noise complaints. According to her, I am responsible for her airfare to fly back to New York (she said she used my security to pay for it). She had told me that she would be coming back in June anyways to inspect the apartment--I mentioned this and she said she had lied, and hadn't planned to come back until August.
3. When I moved in, CDs, photographs, and videos were scattered throughout the apartment--on the floor, on the desk, under the bed--and I put these things in boxes and stored them in the closet. She had told me that I could put anything in the closet--now she claims I had no right to do this (even though everything is neatly and safely packaged) .

So now I still have the new tenant's security, but I have no idea what the apartment looks like because no one invited me to the meeting. I have no idea how many of the girl I sublet from's claims are legitimate (air conditioner, etc.) because I haven't seen these things since I moved out. The new tenant is not moving out anyways, as per our agreement, so I don't really have any leverage in getting my security back--or any proof that I even lived there. The girl I am subletting from insists that I give the security I am holding back to the new tenant (who is unfortunately a lawyer, and wants her money back).

I have no idea how to determine what I should legitimately deduct from this security, and how to get my original security deposit back. Since the only claims the girl stated that are legitimate (meaning damages to the apartment--not airfare) are damages that did not happen while I was in the apartment, I have to assume the new tenant is responsible, but since I don't know their value and haven't even seen them since I moved out, I have no real legal way to argue this. And anyways the new tenant is not moving out until--I don't even know when--so how can I give the security deposit back now?

Should I take someone to small claims court? Can I hold on to this money even though the new tenant and subletter have formed a new contract outside the terms of my original agreement? If I do, is someone going to take me to small claims court?

If anyone has any idea what my rights are in this matter I would be incredibly grateful for some advice.

[Chimera]

Okay, so you have made an agreement with this new sub-tenant, to sublet YOUR sublet for one month, and you are holding her security deposit. If I were you, at the end of the one month (which is the agreement between her and you, regardless of what she has worked out with the prime tenant) I would insist to be let into the apartment at the end of that month to do a walk-through and then return her security deposit at that time, minus any legitimate damages. If the prime tenant wants to hold her security, let them work it out themselves. You can't hold this new woman's money because the prime tenant is unrightfully keeping your security, it isn't right and it's going to cause you problems. You will have to sue your prime tenant in order to recover your money, but it seems like a tough case if you can't prove that there was ever an exchange to begin with (with rent receipts, written agreement, etc.)

FYI, prime tenant CANNOT deduct from your security because of a plane ticket. Legitimate deductions include physical damage to the apartment, and lost rent. Short of going to court, you could send her some official looking letters (certified mail, return receipt requested) demanding your security deposit be returned. Maybe this will prompt her into cooperating, especially since she is surreptitiously subletting her apartment to begin with.

[nycat]

Did she overcharge you? i.e. did she charge more than what she pays in rent plus 10%. If she did then you may have a cause of action which you could use as leverage.

[too trusting]

Don't forget she has to produce receipts for any repairs she had to do. If there are no receipts she can't prove you damaged anything and small claims will award your money back. When you do a walk through and see damages then ask her to fax you receipts and then you know what to deduct from the security you're holding.

Remember if there are no receipts there is no proof of any damages.

[spacelamb3]

Thank you guys so much for responding.

nycat, I don't know if she overcharged me--I have no idea what her rent is. I doubt that she would tell me. Is there any other way for me to find out?

tootrusting--thanks for the advice. I will definitely demand receipts.

Chimera--thank you also for the advice, and I appreciate the warning.

The prime tenant has inspected the apartment with my subtenant present (but not me), and she has claimed (expensive) damages that I know I did not make.

I have told my (sub) tenant that I plan to go to small claims court and have the issue of damages legally resolved, but that I need to hold the security until it is resolved because--if they happened while she sublet from me--then I am officially responsible--and they cannot be arranged independently between her and the prime tenant.

That seems right to me but I have no idea what if any of this is legal. Please let me know if I can be sued for this...

[too trusting]

Originally posted by spacelamb3:
Thank you guys so much for responding.

nycat, I don't know if she overcharged me--I have no idea what her rent is. I doubt that she would tell me. Is there any other way for me to find out?

tootrusting--thanks for the advice. I will definitely demand receipts.

Chimera--thank you also for the advice, and I appreciate the warning.

The prime tenant has inspected the apartment with my subtenant present (but not me), and she has claimed (expensive) damages that I know I did not make.

I have told my (sub) tenant that I plan to go to small claims court and have the issue of damages legally resolved, but that I need to hold the security until it is resolved because--if they happened while she sublet from me--then I am officially responsible--and they cannot be arranged independently between her and the prime tenant.

That seems right to me but I have no idea what if any of this is legal. Please let me know if I can be sued for this...

I don't know if legally you can be sued for this but definately hold the security deposit. Its legit that you need to find out if they did the damages, you can always return it if there isn't any but let them know why and keep them updated. You need the paper trail.