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  1. #1
    Join Date
    Jun 2007
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    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
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    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
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    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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    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
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    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.

  7. #7
    Join Date
    Jun 2007
    Posts
    3

    Default Re: Sublease - Security Deposit Withheld

    Hello,

    Thanks again for your advice and follow-up. Below are more details of the situation:

    - My roommate is the leasee (not official landlord). I was sharing it without any written agreement on either one of our parts, so we were just roommates. Technically, we did not have any formal written sublease agreement. I had been living there 2 years and 8 months. My roommate has accepted my rent checks every month. Does this mean she is my landlord, even though we don't have a written agreement? Can she hold me accountable for her terms of the lease, even though I am not listed on the lease?

    - On April 19th, my roommate asked me to leave by June 1st. My roommate indicated that she must get off of the lease due to personal reasons and did not offer the lease to me although I had already been living there for 2 + years. She is not moving out and found someone else to replace me. She did not give me any written notice to vacate.

    - I began looking for apartments immediately (which is incredibly time consuming and costly under such short and unexpected notice in Manhattan). I found something that was available May 1, gave her notice on April 30th that I would stay until May 11 and pay rent through that time.

    - My roommate accepted my pro-rated rent check by depositing it. Does that constitute my rommmate's acceptance of my early departure?

    - My roommate has now subtracted the remaining rent of May (11th – 31st) -for the time that I did not live there and had already moved out - out of my security deposit.

    Do I have any rights as a roommate?

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Sublease - Security Deposit Withheld

    you were not a room mate. You were a tenant. The person on the lease with the building owner/manager was your landlord. (official and every other way). You had no rights as a lessee of the written lease the other person had with their LL. You were not a party to it.

    No, your landlord (your room mate) cannot hold you to the terms of her lease. She can only hold you to the terms of your agreement, which you claim not to have one but you apparently had some agreement since you wrote a check every month for apparently an agreed upon amount.


    and from what I could decipher from the statutes, you would be liable for the rent in monthly increments. If they chose to accept a pro rated month, that would be up them but apparently they did not wish to.

    Do you have anything in writing to show acceptance of a partial month as acceptable? If not, the law seems to back her up. While you claim partial payment shows acceptance, it could also show you simply did not have all the months rent at the time.

    Now apparently in NYC, it is a requirement that the notice of termination be in writing. I can find nothing listing what actions are available to you should the notice not be in writing. Maybe ine of the others here can come up with something.

    so the only thing I can see is the lack of written notice. Where that will get you I don;t know.

    Now one thing; they cannot charge you rent and another person for the same time period. Double dipping is not allowed.

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