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How Can a Subtenant Get Their Security Deposit Back

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  • 12-25-2016, 08:45 PM
    miarocha92
    How Can a Subtenant Get Their Security Deposit Back
    My question involves landlord-tenant law in the State of: New York.

    I rented a room with no lease and transferred my monthly rent to the prime tenant. The boyfriend of the prime tenant also lived with us - I don't believe he's on the lease. I have never had contact with the landlord. After I moved out, the prime tenant and her boyfriend never returned my deposit. When I texted them about it, they both blocked my number. We had written agreements about the security deposit, rent, confirmation of their home address and her bank info. This was done in a Facebook chat with the male roommate and a Whatsapp group chat with both him and the prime tenant.

    What are my rights as a subtenant? I am also a non-US citizen and here on a J-1 student visa.

    Before I take them to small court claim, what steps should I take to get my deposit back?
  • 12-26-2016, 09:24 AM
    jk
    Re: How Can a Subtenant Get Security Deposit Back
    Do you still live there? If so your deposit would still be properly held by your landlord (the prime tenant). Your landlord retains your deposit until the tenancy is terminated. If you have moved, if you had provided proper notice and owed nothing for damages, your landlord would owe a refund of your deposit.
  • 12-28-2016, 12:25 PM
    miarocha92
    Re: How Can a Subtenant Get Security Deposit Back
    Quote:

    Quoting jk
    View Post
    Do you still live there? If so your deposit would still be properly held by your landlord (the prime tenant). Your landlord retains your deposit until the tenancy is terminated. If you have moved, if you had provided proper notice and owed nothing for damages, your landlord would owe a refund of your deposit.


    No, I moved out on December 21. I notified them about it on November 1. My main concern is: what are my rights as a subtenant? I am not on the lease and there is only a written agreement. How long should I wait before I take them to small court?
  • 12-28-2016, 04:39 PM
    jk
    Re: How Can a Subtenant Get Security Deposit Back
    Quote:

    Quoting miarocha92
    View Post
    No, I moved out on December 21. I notified them about it on November 1. My main concern is: what are my rights as a subtenant? I am not on the lease and there is only a written agreement. How long should I wait before I take them to small court?

    Your rights are that of a tenant. Your landlord (the prime tenant) is obligated to comply with the laws just as his landlord must follow when dealing with him.

    In california your landlord has 21 days to return your security deposit or a statement itemizing the deductions along with the remainder of your deposit if
    the damages did not exceed the amount of the deposit. If he has not done so, you can sue him. If he withheld anything in bad faith, you can sue for treble damages.
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