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(no lease) legal rights ..deposit

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lilit

Junior Member
What is the name of your state (only U.S. law)? NY


Please help my roommate and I settle a tenant matter:




On May 1st, I began renting a room. (Location: NYC)

My roommate is the leaseholder and requested a security deposit delivered on the 14th of April. I provided both the deposit and first month’s rent in the form of money orders (both over $1000).
She also requested I sign a sublease, but did give one to sign.

During the second week of May, I discovered a medical concern and went to the clinic, which then directed me immediately to a specialist and also scheduled a surgical appointment at the hospital.
Throughout the last several weeks, I have had several appointments to the clinic and hospital. I am not an employee with benefits and have had to make up this time off work each evening and weekend. The medical expenses (office visits and determined treatment options) will be paid out of pocket.

With the uncertainty of my medical health and incurring medical expenses, I told my roommate on May 19th that I wanted to give my notice to leave the apartment.
I provided her with the background … and why I had not been home very often. I wanted to make it clear that it was not the apartment situation that made me decide to leave after only a few weeks.

I understood this was putting her in stressful situation since she would have to search for another roommate, so I offered to help screen people. I offered to move out on the first if she needed me to, or to stay until the 19th if she needed me to. Basically, I offered to be as flexible as possible.

My roommate said she would look for people immediately. Then she said the Memorial Day holiday would make it more difficult to find someone. So far, she has seen a dozen people but has not found anyone.

She said it is possible she might find someone by the 15th, but is asking me to pay for June’s rent. I asked if I could pay to the 19th and then prorate if someone moved in sooner, but she wants the full amount of June. She is not willing to use my security deposit to pay for my last month of rent because she gave My security deposit to her last roommate to pay back the roommate’s security deposit. (The true deposit is with the landlord from the original roommate and every deposit since then has been handed from a current roommate to the former roommate).
I am not used to this system of giving security deposits to former roommates as refund deposits, but apparently this is how it works in NYC.
My roommate wants me to pay June’s rent [and] hold my deposit money.

I am nervous to provide another month’s rent.

She is the only one who can make a roommate selection. Rentals space move pretty quickly in the city, but so far she has not found anyone she likes and I am nervous. So is it possible I will end up paying May, June, and she will use my deposit on July....even though I gave notice in May?
As an aside, she has told me she is showing the room until after 9pm every evening, so I am not able to use the space until late each night. I don't want my stresses to cause her stress and I hope for to find the right person for her living situation. I feel bad that she has to spend extra time to look for a new person. But how can I protect myself? How can we both be legally protected?
 


Gail in Georgia

Senior Member
"She also requested I sign a sublease, but did give one to sign."

So did you sign this or not? And if so, what was the length of the sublease.


"So is it possible I will end up paying May, June, and she will use my deposit on July....even though I gave notice in May?"

Depends on what your sublease was for and whether you continue to reside there.

"As an aside, she has told me she is showing the room until after 9pm every evening, so I am not able to use the space until late each night."

You're the one breaking this sublease and you're complaining that she is attempting to remedy this situation by showing your room to potential roommates? Seriously? 9 pm isn't exactly "late" each night.

Gail
 

reenzz

Member
In you are a month-to-month tenant living in the New York City area, there is no statutory requirement to afford a landlord a 30-day notice of a move-out. (RPL 232-b applies to month-to-month tenants outside of the New York City area).

So, if a month-to-month tenancy exists, one may usually leave (on or before the end of the month) without liability for the following month's rent -- provided the space is surrendered empty (free of all possessions and occupants).
 

lilit

Junior Member
Thank you for the reply. i have answered your questions below. Thanks.


QUOTE=Gail in Georgia;3267619]"She also requested I sign a sublease, but did give one to sign."

So did you sign this or not? And if so, what was the length of the sublease.

I'm So sorry. I meant to write: She never provided one to sign. It was all verbal. She asked to take my photo of my license when I dropped off the deposit in exchange for the keys. I dropped off deposit on the 14th April and expected to sign the lease then or on the 1st when I moved in. She never asked me to.

"So is it possible I will end up paying May, June, and she will use my deposit on July....even though I gave notice in May?"

Depends on what your sublease was for and whether you continue to reside there.
I told her I can move out on the first. There was no sublease. I offered to be flexible to move out before 30 days or to pay up to my 30 days.
She wants all of June while holding my deposit.

"As an aside, she has told me she is showing the room until after 9pm every evening, so I am not able to use the space until late each night."

You're the one breaking this sublease and you're complaining that she is attempting to remedy this situation by showing your room to potential roommates? Seriously? 9 pm isn't exactly "late" each night.

She does not show the room until 9pm and I don't come until 9:45, 10pm

There is no sublease. I gave 30 days. She is Not showing the room all weekend. I have offered to show the room. I have offered to be as flexible as possible, but she will not show the room until 9pm. ...So actually less prospect of anyone seeing the place.



Thank you for the reply.
Gail[/QUOTE]
 

lilit

Junior Member
Even if you did not sign a lease, what was the agreement?

There was no agreement. It seemed like it was going to go month-to-month. I thought eventually she would provide the sublease to sign. (I am not sure if it would be a month-to-month agreement or a year agreement). I wanted to move into this neighborhood and was actually looking to stay long term.
 

STEPHAN

Senior Member
There was no sublease.
If there was no sublease what were you doing there and why would you pay her? Of cause there was a sublease. That you had no written lease does not mean there was no lease. You agreed to pay, she agreed to let you live there. If there was really no agreement on other terms, you are on a month to month.
 

lilit

Junior Member
In you are a month-to-month tenant living in the New York City area, there is no statutory requirement to afford a landlord a 30-day notice of a move-out. (RPL 232-b applies to month-to-month tenants outside of the New York City area).

So, if a month-to-month tenancy exists, one may usually leave (on or before the end of the month) without liability for the following month's rent -- provided the space is surrendered empty (free of all possessions and occupants).


The month-to month may be how she rents the room to tenants but I am not sure if it is how she rents from the actual landlord, which in that case might put her in a hardship situation to pay entire apartment herself. That is why I offered to pay the till the 19th. But she wants the full month.

I would like to leave and pay through my 30 days and be done. But she is holding my deposit. I don't know what would happen with that.


NYC rent spaces move quickly. They do not last days and months, but you have to actually be available to show the room and a reasonable hour.
 

lilit

Junior Member
The month-to month may be how she rents the room to tenants but I am not sure if it is how she rents from the actual landlord, which in that case might put her in a hardship situation to pay entire apartment herself. That is why I offered to pay the till the 19th. But she wants the full month.

I would like to leave and pay through my 30 days and be done. But she is holding my deposit. I don't know what would happen with that.


NYC rent spaces move quickly. They do not last days and months, but you have to actually be available to show the room and a reasonable hour.

Thank you so much for your reply. I really appreciate the help. I have a lot I am dealing with right now and I just want to get things settled.
 

lilit

Junior Member
The month-to month may be how she rents the room to tenants but I am not sure if it is how she rents from the actual landlord, which in that case might put her in a hardship situation to pay entire apartment herself. That is why I offered to pay the till the 19th. But she wants the full month.

I would like to leave and pay through my 30 days and be done. But she is holding my deposit. I don't know what would happen with that.


NYC rent spaces move quickly. They do not last days and months, but you have to actually be available to show the room and a reasonable hour.

Also, I have my doctor's letters from appointment and mail if any of that is useful.


Thank you so much for your reply!
 

lilit

Junior Member
If there was no sublease what were you doing there and why would you pay her? Of cause there was a sublease. That you had no written lease does not mean there was no lease. You agreed to pay, she agreed to let you live there. If there was really no agreement on other terms, you are on a month to month.

Ok, so does that mean that I will pay through my 30 days up until the 19th or does it mean I pay all of June. She has my deposit and first month rent. She gave me keys. That was the extent of our agreement. Now should my deposit cover the last month? Or if I pay through the 19th can she use it for the rest the deposit for the days until she finds someone?
How do I know I will receive my deposit?
 

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