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  1. #1
    Join Date
    Jun 2007
    Posts
    3

    Default Sublease - Security Deposit Withheld

    Hello,

    I have been living in an apartment where my roommate was on the lease and I was not for the past 2.5 years. Technically I suppose I was sub-leasing from her; however we did not have any agreement in writing. My roommate recently asked me to to leave and gave me 6 weeks notice. I wound up finding a place sooner than expected and moved out early. I pro-rated my rent based on the days I was going to live there. My roommate is now deducting the rent for the days I did not live there out of my security deposit.

    The two of us did not have any sublease agreement in writing; however she has cashed all of my checks over the years indicating acceptance of my tenancy. Further, my rommate also cashed my pro-rated rent check for my last month there. Does that also indicate acceptance of my early departure? As mentioned, we did not have a written agreement on terms to leave.

    Do I have any rights here to get the remaining money from my security deposit?

    Thanks

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Sublease - Security Depoist withheld

    what state is this in? Landlord tenant laws are state specific.

    and the answers you seek vary depending on what state is involved.

  3. #3
    Join Date
    Jun 2007
    Posts
    3

    Default Re: Sublease - Security Deposit Withheld

    It is in Manhattan, New York.

    Any advice would be much appreciated.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Sublease - Security Deposit Withheld

    well, I'll tell you this. New York laws are a bitch.

    Landlords must be pretty fast to evict folks within the city. Statutes state outside of NYC, you must give 30 days notice and there is no prorationing of rent. It is full months only.

    The statute for in NYC seemed to be very protective of the tenant and required a similar situation but it was not very clear about the tenants responsibilities although I would suggest somewhere in all the fancy verbiage it infers that there is no prorationing of rent there either.



    what that means is if rent is due on the first of the month, you would have to give (minimum) 30 days notice no later that the first of the month you intend on terminating. (I guess that would mean if you wanted to leave Feb28 you would technically need to give notice Jan 1) Other than that month, you would need to give notice prior to the first of the month if you intend to terminate at the end of the following month but as I said, it appears it deals on whole months only.

    so, what was the date of notice and anticipated termination date?

  5. #5
    Join Date
    Sep 2005
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    98,846

    Default Re: Sublease - Security Deposit Withheld

    Thirty days no later than the first of the month, for a February 28th move-out date, should mean notice no later than January 29. But the New York statute for areas outside of NYC refers to "at least one month" as opposed to "30 days", so notice on January 31 would appear sufficient. (New York Real Property Law § 232-b).

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Sublease - Security Deposit Withheld

    I guess it's time to get some sleep. Not sure what I was reading and thinking. Ignore this part of my prior post;

    (I guess that would mean if you wanted to leave Feb28 you would technically need to give notice Jan 1)
    anyway, I believe the intent is to not have a partial month situation. So if OP would give us a date, it will be easier to determine when he would be liable for rent and if his LL is withholding his deposit possibly for that or if he is doing it unjustly.

    in addition to the 2 prior questions, also state the date the rent was due.

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