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  1. #1
    Join Date
    Jan 2013
    Posts
    1

    Default Roommate Renewed Lease, I Am Moving Out - Security Deposit

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

    Hi everyone,

    My roommate and I have a lease that ends in a month - both our names are on it. He has informed management that he will renew, while I will not be. He is going to be bringing in a friend to take my place.

    The deposit has come into question, as management has requested that I submit a notarized letter releasing my control of the deposit over to management, to be ostensibly allocated towards the renewed lease. They assume that I will work out my portion of the deposit with either my current roommate or his friend. However, there is no provision in our current lease stating that the current security will carry over in the case of a renewal.

    Question is twofold: 1) Do I have grounds to demand our entire deposit back from management at the close of our lease, which my roommate and I can parse out ourselves? and 2) is this the best avenue to do this, or should I just comply with their request by relinquishing control?

    Thanks in advance

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

    Default Re: Roommate Renewed Lease, I Am Moving Out - Security Deposit

    You can either do what the landlord asks, in which case I suggest having your roommate pay you the value of the deposit that will be carried over to his new lease and clarifying that your release will result in the eventual release of the deposit to your roommate. Or you can refuse and ask management to return your deposit and collect a new deposit from your roommate. A number of provisions in your lease may be relevant to the issue; we can't really say without reading it.

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