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  1. #1
    Join Date
    Aug 2017
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    4

    Default My Old Roommate Won't Give Back My Security Deposit

    My question involves landlord-tenant law in the State of: New York
    I moved into an apartment with 2 friends and their child. The landlord only wanted one of us on the lease, so we had it written in that she can sublease to us. We moved in and each paid our part of the security deposit, first month and broker fee. My sister stayed with us too, which was technically against the lease. She never made up subleases.
    6 months in, I had to move out. I found someone to take my room, and pay me out for the security deposit. My roommates met her but decided to rent the room to one of their friends, however they were not going to have him give me the security deposit, she was going to hold on to it until the lease was up and then give it to me. I had an issue with that but let it go.
    The day he was supposed to move in he bailed and so they decided to keep the entire apartment for themselves. I was told I'd get my deposit back after April, when the lease was up. It is now 10 months from when I moved out and I still cannot get it from them. The roommate on the lease said I have to wait until they move out and that she doesn't think she should give it to me at all because I broke the lease. I don't think that's right and would like to take them to small claims court, but I don't know if I can.

  2. #2
    Join Date
    Sep 2005
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    Default Re: My Old Roommate Won't Give Back My Security Deposit

    Why wouldn't you be able to take them to small claims court? If you can prove that you're owed the money, you can recover the money.

  3. #3
    Join Date
    Aug 2017
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    4

    Default Re: My Old Roommate Won't Give Back My Security Deposit

    Well I just wasn't sure that I can get the money back since I wasn't on the lease and didn't sign anything. I can get a statement from my bank that I took out the money for it and a statement from my sister, that's about it. The landlord isn't involved in this at all.

  4. #4

    Default Re: My Old Roommate Won't Give Back My Security Deposit

    Did you pay the deposit to the landlord or your roommate?

  5. #5
    Join Date
    Aug 2017
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    4

    Default Re: My Old Roommate Won't Give Back My Security Deposit

    The landlord

  6. #6
    Join Date
    Nov 2013
    Posts
    672

    Default Re: My Old Roommate Won't Give Back My Security Deposit

    If you paid the Landlord the deposit, s/he is involved. Didn't you get a receipt?

  7. #7
    Join Date
    Aug 2017
    Posts
    4

    Default Re: My Old Roommate Won't Give Back My Security Deposit

    I believe my roommate did, since she's the only one on the lease.

    I don't have any contact info, or even know the labdlord's name. My roommate was the only one who dealt with her.

    Is a statement from my bank from when I withdrew the money, a statement from my sister and pictures of the room in the condition I left it in enough to get my deposit back?

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