My question involves a security deposit in the State of: New York (specifically NYC).

(I'll try to make it quick and simple to understand)


My situation:

1) Roommates A,B,C,D sign 1-year lease.
2) All 4 roommates live in apartment for 2 years- no new lease is signed.
3) Now, 2 years later, Roommate D decides to move out. Roommates A,B,C stay in apartment and search for new roommate.
4) Roommate E moves in and takes Roommate D's place.
5) Now several months later, Roommate D is demanding his portion of the security deposit from Roommate E.


My questions:

1) Does Roommate D have the right to ask for the deposit from Roommate E? Shouldn't the deposit always go through the landlord? I can understand that he wants his deposit back, but quite honestly I don't think we'd even get it back when we all moved out (landlord is a jerk & 99% will claim damages).

2) We're probably going to ask that Roommate D makes the landlord do a walkthrough and confirm that we'll get the deposit back BEFORE he sees any money from Roommate E. Is this the right action to take? Roommate D did live there for 2 years and was equally a part of any damages that occurred.

2) What happens legally if no lease is signed after the 1 year? Does it automatically go month-to-month or does it terminate and now there is no lease?


Thank you to all in advance!