Posted by Anna on December 18, 2001 at 21:16:55:
In Reply to: moving out when there's no lease posted by Danielle on December 17, 2001 at 23:14:15:
: I'm currently residing in Harrison, New York-I live in a two family house that's owned by the landlord/super. My apartment is occupied by myself and two other individuals. We signed no lease agreement when moving in--we paid the landlord the first months rent as well as a security deposit equalling one month's rent. I am looking to move out on the first of the year, but the two remaining tenants plan to remain for a month beyond that. Because we haven no lease agreement or any other type of written agreement, I don't know what my rights and/or obligations are, if any. Is there a certain time limit required for me to give the landlord notice? Is she required to return my third of the security deposit to me at the time I vacate? I'm concerned because the two remaining tenants have expressed that they intend to have the landlord use my third of the security deposit to pay what would have been my "portion" of the rent after I have vacated.
Did you rent this apartment from the get go with the other two people? Does the LL know that this is a three way?
If the laws there are the same as NYC-- meaning tenants with no lease are required to give 30 days notice-- I would send a certified letter to the LL telling him/her that you are giving 30 days notice that you are leaving on such and such date and would like your security deposit back upon your departure. You should also say in the letter that your co-tenants may attempt to use your portion of the deposit to pay their last month's rent. Tell the LL in the letter that you will not permit this and you expect that money returned to you directly.
Your co-tenants have no right to use your money for anything. That's why you should try to get it back from the LL directly. If the LL says he/she cannot give you your money back, I'd tell them I'm filing suit in small claims court as they have no right to hold your money after written notice that you were leaving.
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