Legal Question in Real Estate Law in New Jersey
Disgruntled ex-roommate seeks full deposit
About a year ago, I moved into a 2-bdrm apt with another roommate and did not have to sign a lease or any paperwork. My roommate told me on November 5th, 2003 he would be moving out December 1st (giving me 25 days notice to find someone to replace him). We chose not to tell our landlord because I wanted to stay in the apartment and try to find another roommate. Unfortunately, we could not find another person to fill the spot for the month of December. Subsequently, I was forced to pay for my now ex-roommate's portion of rent ($775)or face an eviction notice. I've since found a roommate for the month of January. My ex-roommate holds me accountable and wants his full $1200 deposit from the landlord or from my new roommate. I'm hesitant to give him anything more than $425 ($1200-$775)if anything since our landlord is the one holding the original deposit still. Neither of us ever signed anything and he is threatening to take me to court and make my life miserable. Does he have a case?
1 Answer from Attorneys
Re: Disgruntled ex-roommate seeks full deposit
You have not provided enough facts, but on the information you supplied, I'll try to provide an answer. I presume you were contributing some portion of the original rent. To the extent that your ex-roommate was responsible, he had to give you 30 days notice, so he would be responsible for 30 days rent (the month of December). He is entitled to his full security deposit, less any rent owed that you advanced for his insufficient notice. In return, he should assign the deposit to you. You must also be aware that since you signed no paperwork, the original roommate is on the hook for the balance of the original lease term if you fail to pay the rent. He could terminate the lease without your consent and you could be out, unless you enter into a new llease with the landlord. To protect both of you, I suggest you work out your taking over the lease, adjusting for the security deposit he is entitled to less any rent he owes you, and getting something from your new roommate in writing as to his responsibility for and contribution to the rent.
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