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  1. #1
    Join Date
    Oct 2012
    Posts
    1

    Default Subtenant Roommate Wants Security Deposit Back

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

    I moved in with my former roommate over a year ago with 11 months remaining on her lease. I paid a security deposit to her sister and believed that after the lease was over that I would get this money back from my current roommate. Approx 1 month before the lease was over I asked my roomate how and approx when would I be receiving the security deposit back? She got very upset and was completely disinterested in discussing the issue.

    I advised her that I would not be paying the last month's rent since I was not on the lease and she was not interested in discussing how I would be receiving my money back at the end of the lease. She was on the lease along with a girl that I have never met before who has not lived in the apartment for 5 years.

    My roommate became aggravated and made up a story about how she couldn't possibly pay the rent but she expressed no concern about me getting the money back after the lease. I eventually agreed that I would pay her the last month's rent if she agreed to sign a document that basically stated the following: that whether or not the landlord paid the original security agreement to her or if half was paid to her and the other girl on the lease, that my roommate still owed me my deposit. Then I wrote her a check for the last month's rent and upheld all of my obligations

    Since I am not on the lease agreement and am not sure if her original lease even allows subletters- can I take her to small claims court to get my deposit back?

    It has now been 60 days since the end of the lease and she has not sent me a check. I have an email outlining the original agreement where I would pay the deposit to my roommate's sister and then checks showing that i paid rent each month. Additionally, I have the signed document drafted a month prior to the end of lease basically stating that she would be responsible for paying me.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Subtenant Roommate Wants Security Deposit Back

    If somebody owes you money and won't pay it back, small claims court is a reasonable option. It doesn't matter if the master tenant was not permitted to sublease - if they did, they were your landlord.

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