Legal Question in Landlord & Tenant Law in New York

My daughter signed a lease with 2 roommates at college. it quickly became apparent it would not work out. She told them, and all were aware to look for another 3rd person. A friend of one of the roommates agreed to move in over Spring break which would the beginning of March. With verbal agreements, My daughter moved into her new place February 1. Paid the month of February on the other apartment and paid all outstanding portions of utilities that the other girls requested. The night before she was to move out, they left a typed letter on her bed basically stated THEY weren't going to give back her security deposit (one months rent)because it was her decision to move out. The apartment leasing person that my daughter has been in contact with this whole time (was aware of the problems, and my daughter first asked questions with them regarding her legal ties to the lease etc) said she should get the money from the new roommate (which the roommate had agreed to back in January while the discussions were taking place) and then when they all move out the original monies will be dispersed. SO my question, do we have a legal leg to stand on if and when i have to take them to small claims court...I want my daughter to one last time ask the new roommate to give her the 630.00 (+ or -) or we will be taking legal action. please help


Asked on 3/15/14, 7:23 pm

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

I assume this is in New York. The crucial question is: is it bad enough that no reasonable person would stay? If so, then daughter has claims vs the Mean Girls that will SWAMP the security refund. If not, then be glad she has no residual liability.

Be the shark :-)

Read more
Answered on 3/16/14, 12:59 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in New York