My question involves a roommate in the State of: New York.
My issue is a little complicated. I moved into a brownstown in Brooklyn under a verbal agreement with the landlord. I was initial tenant. No contracts. Security deposit is one months rent. No verbal agreement on length or details of the apartment. I moved in with one roommate who left 3 months after moving in. A third roommate moved in about halfway into our first month. Three of us were initially living in the apartment until my friend (second roommate) left. The third roommate and I found a replacement. I've lived here 9 months all together.
My girlfriend and I decided two months ago that we would find a place together for December. I gave approximately 45-60 days notice to my landlord and roommates. They found a replacement who will be reimbursing me with her deposit. The landlord keeps all of our deposits and the system we have set up is that the incoming roommate has to pay a deposit to the outgoing roommate. Unfortunately, I haven't been allowed involvement in the roommate search. Neither of these girls have had an apartment or dealt with a lease before. They have not accepted a security deposit from this new roommate even though she gave her word three weeks ago.
I have paid for the month of November. Unfortunately, the new apartment that my girlfriend and I are moving into, will only give us a prorated price if we move in on the 16th and will be much more if we move in on the 1st. We accepted the deal and I'm looking at my options with getting my half months rent back.
The issue now comes up with my roommates. They want to move into the room before my paid month is up. I asked them if they want to pay me for the room. They said no. I've asked them about subletting it for 15 days and they flat out said "no". Because of their unreasonableness, I have said I will keep the room until the 1st (my legal right). In their response, they said they will be keeping my deposit until mid-December.
What are my options? I'm leaning toward cutting my loses and taking the deposit now and forfeiting up my room for the rest of the month. What is upsetting is that this new roommate is now moving in on the 16th (after I leave) and not paying for the month of November. I guess my other two roommates have built up a friendship with this new roommate and I'm getting screwed because of it. Any thoughts?