Posted by Anna on January 03, 2000 at 15:31:52:
In Reply to: a long term share gone bad. posted by RR on January 02, 2000 at 21:35:44:
: I'm in Brooklyn in a three bedroom apt. of a three family house. I live with two roomates,two of our names are on the lease. The other roomate was not present for the signing (he had a last minute date) and said he would get around to it. He never did. Two months after moving in he announces that he is leaving, because of financial difficulties. His name was printed on the lease by the landlord in expectations of his signing, but the leease is without his signature. He initially said he would stay for another two months and deal with losing his deposit (since he verbally agreed to stay a year when we found this place). Now two months later, he "feels" that it is only fair, he gets his deposit back, since he gave us two months notice. Yet another changed decision on his part. What is he entitled to? I have not yet found a roomate, and yes we were looking. But most people were not interested in moving in Jan, so soon after the holidays as the rent/security was too much. I am now obligated to pay his portion of Jan 2000 rent. He is also now pressing for his deposit. I can not currently afford both. Even if I get another roommate. I will still be out one month rent. He claims he has no lease to bind him to stay or pay. His deposit was paid to the landlord. Am I obligated to return it?
He paid his deposit to your landlord? then that's who should return it.
If the landlord also signed the lease with only two of the three tenant signatures, then that's what it is: a lease for the two that signed. Unless there is a clause that says otherwise, both of you are responsible for the whole rent, and your landlord can get all the rent from only one of you...
Another line of thought: Your third roommate is your tenant: his oral lease is for a year. You can withhold his deposit; he can sue you for its return in small claims court. He might win: there is no law requiring tenants to give notice, written or otherwise. (your argument will be that he agreed to the terms of the lease which usually does contain a notice clause)
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