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Posted by consigliere on December 07, 2001 at 00:09:44:

In Reply to: Re: Landlord won't return deposit posted by Lilly on December 06, 2001 at 22:04:43:

Lilly is legally correct. If the former tenant still lived in the New York City area -- and not in California -- she would probably win a case in small claims court against the landlord, which has not suffered any economic loss by your remaining in the apartment.

Although you have no legal obligation to do so, I think the ethical thing to do is to send the former tenant her security deposit, by taking the money out of your own pocket. If you hadn't been her roommate or if you had moved out when she did, she might have received her security deposit back from the landlord.

And if you had been lucky enough to find this apartment on your own, your payments to the landlord would be the same, plus you probably would have had to pay a brokerage fee that would have exceeded the one month's security deposit that is owed to the former tenant.
 
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: As a roommate you do not have any right to the apt and it sounds like they are doing you a favor-the tenants(your former roommate) deposit is her problem-not yours. If you went out and rented an apt you would have to pay a security deposit not to mention probably a brokers fee-consider yourself lucky-but it is in their interest to keep the apt occupied rather then litigate to get you out.

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Comments:
: Lilly is legally correct.  If the former tenant still lived in the New York City area -- and not in California -- she would probably win a case in small claims court against the landlord, which has not suffered any economic loss by your remaining in the apartment.  

: Although you have no legal obligation to do so, I think the ethical thing to do is to send the former tenant her security deposit, by taking the money out of your own pocket.  If you hadn't been her roommate or if you had moved out when she did, she might have received her security deposit back from the landlord.  

: And if you had been lucky enough to find this apartment on your own, your payments to the landlord would be the same, plus you probably would have had to pay a brokerage fee that would have exceeded the one month's security deposit that is owed to the former tenant.  
:  
: :
: : As a roommate you do not have any right to the apt and it sounds like they are doing you a favor-the tenants(your former roommate) deposit is her problem-not yours. If you went out and rented an apt you would have to pay a security deposit not to mention probably a brokers fee-consider yourself lucky-but it is in their interest to keep the apt occupied rather then litigate to get you out.  


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