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How Can a Subtenant Get a Security Deposit Back

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  • 06-25-2014, 02:18 PM
    koolbklyn
    How Can a Subtenant Get a Security Deposit Back
    My question involves landlord-tenant law in the State of: New York

    I rented a room in a house a couple miles from campus. The person who held the lease required a security deposit of $590. He said the he would give the security deposit to the owner of the house, the person he was leasing it from. I did Not sign the lease, nor did anyone else that was renting a room (4 people total) in the house except the one person who has been in the house for the past 3 years. I lived in the house for 10 months until I moved out on May 23rd. I told the guy whose name was on the lease that was will be moving out 1.5 weeks prior and I was willing to pay the half months rent for June due to the short notice. After I moved out I went traveling for 3 weeks. After I got back, the person who name was on the lease told me that because the person that was supposed to move in after me actually scammed him for $1700,he used my security deposit for the rent. What am I supposed to do? Is he allowed to use my security deposit for rent with the excuse that because he was scammed he needed to pay the rent?
  • 06-25-2014, 02:20 PM
    LawResearcherMissy
    Re: Getting Security Deposit Back
    Quote:

    What am I supposed to do?
    Gather up evidence that you gave him a security deposit to being with - hard, since you had no lease - and take him to small claims court.
  • 06-25-2014, 02:30 PM
    koolbklyn
    Re: Getting Security Deposit Back
    Quote:

    Quoting LawResearcherMissy
    View Post
    Gather up evidence that you gave him a security deposit to being with - hard, since you had no lease - and take him to small claims court.

    I been trying to find the receipt he gave me after I gave him my deposit but have had no luck. I do have text messages between him and me regarding my deposit. One of the texts say "... I'll withdraw your deposit and give you cash". Will text messages be enough?
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