If I gave my roomate 24 days notice as opposed to 30 days, am I entitled to any of part of my security deposit?

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If I gave my roomate 24 days notice as opposed to 30 days, am I entitled to any of part of my security deposit?

I told my roomate (who’s sole name is on the lease) that I’d be moving out on the 1st of next month on the on 6th of last month. He now is saying that I violated the 30 day notice policy and is keeping my security deposit. The conditions of my stay were all verbal. Am I not entitled to any of my security deposit?

Asked on March 27, 2012 under Real Estate Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In New York, a landlord may keep the security deposit for any damages over normal wear and tear (subject to certain rules and conditions) and for any unpaid rent.  What your room mate is saying is that you breached the lease agreement and he will be out the rent the next 30 days so he is keeping it. I am betting, though, that renting to you is a violation of his lease agreement.  Just a hunch.  So I would try and play a little hard ball.  Tell him that you will consent to a pro rated amount equal to 5 days rent other wise you are going to sue him and his landlord for the rsecurity and ask for a copy of his lease.  If the tenancy is illegal then you may get more than your secruity back.  Make sure what ever agreement you enter in to is IN WRITING this time.  Good luck.


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