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  1. #1
    Join Date
    Jul 2012
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    1

    Default Ex Roommate Won't Give Security Deposit Back

    My question involves landlord-tenant law in the State of: New York

    My ex roommate told me via text that I would not be getting my security deposit back because I left her bed in my room. When I moved in she said I could use her bed until it was time to move out. The unfortunate thing is that I didn't sign a lease...nothing was formally written down about me moving in. When I moved in I sent my deposit to the previous roommate.
    We parted on bad terms which is why I think she is doing this. What can I do? She has decided to keep $700 because now the bed was "my responsibility". Is there anything I can do or does she just get to keep the money?

  2. #2
    Join Date
    Jun 2012
    Posts
    173

    Default Re: Ex Roommate Won't Give Security Deposit Back

    This would actually be a contract dispute governed under contract law, rather than rental laws since the dispute is between roommates and not a landlord and a tenant/subtenant. This means to get back your money you can either work it out between yourselves private or take your roommate to small claims court.

    The former option is always better if you can swing it. If not, suing your roommate in small claims would be a viable option. There are no formal rules of evidence, all you need to do is show as much proof as possible that you actually gave your roommate the deposit and what the terms were for you to get your money back.

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default Re: Ex Roommate Won't Give Security Deposit Back

    Let's back up for a second. Were you a tenant of this unit along with your roommate, or were you renting space from your roommate who was, in fact, the only tenant on the lease. I'm trying to figure out here if you were your roommate's subtenant, in which case security deposit laws apply to her.

    In small claims court, if everybody agrees on the basic facts - you were a roommate, you borrowed a bed, you left it in your room when you moved out, and your ex-roommate kept your security deposit because you didn't move the bed... somewhere else (I'm not clear on what the ex-roommate wanted you to do)... the judge may not see any reason why your ex-roommate should retain any of the money. If you agreed to move the bed, and your ex-roommate incurred moving fees because you did not do so, that might support a claim for the actual expense incurred. I can't imagine that would by anything close to $700.

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