SOS! 請大家幫我看看我這封給無賴房客的回信吧。
請指點指點，看看如何才能從法律腳都站得住腳。
現在的問題是：房東提高了租金和utility。這個房客不肯和我共同承擔。
我其實一直在幫他墊錢。
本來以為他要走了，結果他賴著不走，我墊錢的日子遙遙無期啊。
原帖如下：
http://bbs.wenxuecity.com/tzlc/436386.html
現在他寫了封信，還抄送了tenants-rights.org.
我隻好起草了回信，稱述事實。
我的要求其實很簡單，如果你還要住的話，你至少要和我共同承擔新的房租和utility fees啊。
請大家幫我看看，非常感謝大家指點！
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Dear Mr. XXX:
You have presented quite many untrue facts (along with your misspellings). Here are just a few of my corrections:
0. I am the Sublessor and you are the Sublessee. My written lease contract with the landlord starts from 1/16/2012 and ends on 7/16/2012 (half-year lease). When you moved in on 2/12/2012, for some reason, we didn't have a written subleasing contract, which is the root of all these trouble.
1. There are at least 4 people(including the landlord), besides you and me, knew that you are buying a house and you are going to move out by 7/15/2012. You told us this many times. And I also have records showing that I even helped you calculate your mortgage rates and interest expense for such a house. You never told anybody that you have changed your mind. I learned this unexpected surprising news on 6/24/2012 thru a casual conversation with you.
2. You are subleasing my room. Although we don't have a written contract, from day one of your sublease, we all knew that our current lease (the lease agreement between me and the landlord) will end 7/15/2012 (half year). You are informed adequately about this.
3. You never gave me a notice stating that you have changed your mind and intended to stay beyond 7/15/2012, either orally or written, before I chatted with you on 6/24/2012.
4. With the impression that you will be moving out by 7/15/2012, and also since I have to renew my lease with the landlord by 6/16/2012 (one month ahead of the end of the lease), I posted a few ads seeking the next sublessee, after 7/15/2012. To whom I decide to sublease the room is irrelevant here.
5. When I searched this next sublessee, I had in mind that he/she needs to be able to share the utility bill and rent with me, instead of letting me paying more than my fair share. Currently, I am paying more than my fair share, because the landlord changed the fee structure starting from May. For example, for May, the total utility bill was $108 and you only paid $27. Although the landlord gave me a little bit subsidy for May, he has decided not to give more subsidy.
6. Without you notifying me that you have changed your mind, on around 6/16/2012 (my due date for monthly rent payment), I have notified that landlord that I wanted to renew the contract with him and I agree to the rent raise as well as the new utility fee structure.
7. During the above processes, you have never given me any update about your changing mind and your intention to stay beyond 7/15/2012 when the current lease between landlord and me ends. And you have also publicly denounced the landlord's new fee structure. And as a result, I am the person who shoulders the loss since I am the person between you guys - I collect a smaller amount of payment from you and paid a larger amount of more-than-fair payment to the landlord.
8. On Sunday, 6/24/2012, I had a casual chat with you, and at that time you briefly mentioned to me that you couldn't buy a house due to mortgage problem and you intended to stay beyond 7/15/2012. I was very surprised to hear that. That was the first time you told me that you have changed your mind and wanted to stay. Had I not chatted with you, I wouldn't have even learned this piece of news. When I tried to discuss with you further, you began to yell at me which scared me completely.
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In summary, I didn't want you to move out. It is just because my current lease with the landlord naturally expires on 7/15/2012. And in order to stay, you need to keep us informed and let us know that you intend to stay earlier and I have to renew the contract with the landlord. Also, in order to stay, you need to accept the landlord’s new terms and pay a fair share of the new rent and fees. It doesn’t make any sense that you continue to pay $27 utility fees while I should all the rest costs.
a) You gave us an impression that you are buying a house and moving out by 7/15/2012 and you failed in letting us know that you have changed your mind. It was not until 6/24/2012 that I learned the unexpected and surprising news that you have changed your mind, thru a very casual conversation.
b) In addition, you didn't want to accept the landlord's new terms and didn't want to undertake a fair-share of the new fee structure together with me.
Based on the above two facts, you gave all of us (including the landlord) the impression that you are moving out.
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In conclusion, it's actually fairly straight-forward to resolve our disputes:
1. An easier way: if you do intend to stay, please accept the new terms and renew the subleasing contract with me, and please undertake a fair-share of the new utility fee structure together with me, because that's based on my renewed contract with the landlord.
And next time, please do keep me updated about your house-buying and your intent to stay or leave in advance.
2. A hard way: I am happy to accommodate if you want to go to court. But before the court rulings, failure to pay the new fees (after 7/15/2012) will impact your credit score.
Thank you!
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