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  1. #1
    Join Date
    Dec 2012
    Posts
    2

    Angry Roommate Trying Not to Give Deposit Back

    My question involves landlord-tenant law in the State of: Rent deposit



    Hi, I have issue getting deposit back from my last roommate over deposit.
    She's the lease holder and I directly rented a room from her apt
    since September. At first I was planned to stay longer but I had
    to find new apartment where rent was 1/3 of what I paid for this room.

    There never was any contract her and i filled together of this rent.
    The problem is after i moved out, I asked her to give my deposit
    with money we've collected together to buy common living items
    such as toilet paper, and she said she'll have to take some money
    out because I'm moving out too early. She said she usually charges
    more for roommates who stays in shorter period so she'll have to
    take the difference.

    She never informed me about this so I asked her, I was never informed
    about more money would've been charged if I stayed shorter
    and just because she now tell me about her 'policy' I can't agree with
    it and I want my full deposit back.

    now she's mad at me for what I asked her for and she said she's not
    even going to negotiate with me on how much she'll take the money
    away from my deposit, and decide on her own on how much she'll
    give back. She even mentioned how her friends told her in this kind
    of case, there was people didn't return any money back. I'm worried
    about that she even decide to not give my full deposit back.

    I think I have right to have 100% of my deposit back because
    I was never informed about difference in rental according to
    period I rent. She said she told me rent will be x amount if I stay for long term
    but she didn't made it clear what 'long term' is in time period.

    Do I have right to have all my deposit back?
    Again, there isn't any contract about how rent goes and she
    promised to give deposit back so I want to know if I can make any
    action over what she's doing..

    + I live in New york, NY

    Thank you!

  2. #2
    Join Date
    Jul 2012
    Posts
    479

    Default Re: Roommate Trying Not to Give Deposit Back

    This person is your landlord, regardless of whether she's renting the place from someone else. So ... standard rules apply.

    "There never was any contract her and i filled together of this rent."

    This is a bit garbled; whether you had a written rental agreement or not, you indeed had a "contract".

    I cannot fathom why you'd be asking a landlord about toilet paper money, but never mind.

    "She said she usually charges more for roommates who stays in shorter period so she'll have to take the difference. "

    She's not free to unilaterally change the terms of the deal after the fact. That said, we cannot know whether your deal was month-to-month or whether you agreed when moving in that you'd rent for, say, a year. In the latter case, she'd be free to come after you for the rent you were charged until she gets a roommate (which she'd be obligated to diligently pursue).

    "Do I have right to have all my deposit back? "

    Asking strangers when they don't know what the arrangement is wouldn't be productive.

    Feel free to WRITE a letter to her if she doesn't return your deposit within 30 days of when you leave. (Make sure to document condition of your room, etc. with pics so she can't argue you damaged X-Y-Z ... even if you didn't take pics on move-in.)

    If she refuses to return deposit, you're free to sue her in small claims.

    Google "landlord tenant New York" and start reading, for instance:

    http://www.ag.ny.gov/sites/default/f...ights_2011.pdf

  3. #3
    Join Date
    Dec 2012
    Posts
    2

    Default Re: Roommate Trying Not to Give Deposit Back

    Hello, thank you for your response, I'd like to be more clear on several stuff..

    "I cannot fathom why you'd be asking a landlord about toilet paper money, but never mind."
    - There was one another roommate and we've collected money to buy daily necessaries such as toilet paper.
    Since I moved out, there's no need for me to 'donate' my own money for them to buy them and share.
    well I guess it's not a big deal..

    "we cannot know whether your deal was month-to-month or whether you agreed when moving in that you'd rent for, say, a year.
    In the latter case, she'd be free to come after you for the rent you were charged until she gets a roommate
    (which she'd be obligated to diligently pursue)."
    - I moved in as month-to-month and I let my roommate, well in this case, my landlord, more than 30 days of notice that I'm going to move out.
    She was aware of me moving out, and after when I moved all my stuff out from the room I was renting and asked her for the deposit,
    she decided to apply extra money that she usually charges to shorter term mates. She never informed me about it whatsoever even when
    I gave her 30days of notice.

    "Feel free to WRITE a letter to her if she doesn't return your deposit within 30 days of when you leave."
    - I already moved out of the room, I didn't get to take photo of my room but it was in very clean condition,
    I even painted the wall before I moved out. so if she complains about cleanliness I don't know what I'd do about it. anyhow,
    I asked her to return my deposit by 12/15 but she's not giving me any answer of when & how much
    money she's going to return to me. I spoke to her as politely as possible, but she seemed pretty upset and she refused to
    negotiate or even talk to me about it. I asked her to give me some kind of answer and have talk when she have
    an idea of what to do, but she's not responding.

    I don't really want to bring it to the court, but if she keep ignores my call/text, that'd be the best way I assume?
    Also, is it okay to share one bedroom apt, divided into three rooms with temp wall tho, with two other unrelated people?
    I'm moved out now but there was three of us sharing the apartment.

    well thank you for your time & help.

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