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  1. #1
    Join Date
    Mar 2007
    Posts
    2

    Default Help A Roommate Move Out

    Please help me with this situation. On July 15, 2006 I moved into a house with 3 other people. They had signed a lease in June and were desperate for a 4th roommate to cover the costs, and as I had just relocated to NY for a new job, I moved in. I NEVER SIGNED A LEASE, and from the beginning, entered a VERBAL contract with them that this would be a temporary situation, and I would pay month to month. At the time of my moving in, I did contribute $600 to the security deposit.

    On February 15th, 2007 I gave verbally gave my 30 days notice to the roommates that I would be relocating. I agreed to compromise with them and pay 1/2 of the rent and utilities for the upcoming month of March. They have ordered me to pay the full utilites and full rent, despite the fact I will only be residing there for 1/2 a month. I, in turn, offered to forfeit my security deposit to them, as a compromise. They refused.

    My question is this: Am I legally bound to pay a full month's rent? If they did decide to take me to small claims court, would they have a case? Can I just move out now and forfeit my security deposit and call it even?

    I simply do not think I have any legal obligation, and, as I tried to make this amicable, they have refused to be reasonable, and I just do not know how to proceed.

    Thank you in advance for your advice

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

    Default Re: Help A Roommate Move Out

    New York's consumer law site suggests that they still follow the old standard, that the notice must be for a full rental period. (That is, if rent is due on the first of the month, unless notice is actually given on the first of the month, the last month's rent will be for the first full month following notice.)

  3. #3
    Join Date
    Mar 2007
    Posts
    2

    Default Re: Help A Roommate Move Out

    Thank you very much for your helpful reply. To follow up, would it be legally sufficient for me to request that my rent for the FULL month of March be taken from my security deposit? (rent = $400 security = $600, remaining $200 should be used to cover any utilities for the month).

    Thank you!!

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Help A Roommate Move Out

    You can request that; it's not technically proper without their consent, but I suspect that otherwise you'll have trouble getting your deposit back.

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