Legal Question in Landlord & Tenant Law in New York

Roommate subleasing

I have lived in my NYC apartment for over 5 years. My last roommate was very difficult he made dem,ands that i refused to adhere to and he treatend to move out. I told him that he couldmove out but that he would lose his deposit since he is giving no notice. Before he moved in we had a verbal agreement that he must give at least 30 days notice prior to moving out, and that his security deposit would be returned to himas long as the apt is in the same condition as before he moved in and there is no loss or damage to property in the apt.and all utilities are paid that are owed. Basically he moved out with 1 day of notice. I have several emails fromhim saying that he would give 30 days notice, this was a few days before he moved out. Now he is suing me in small claims saying that i had no legal right to receive a deposit from him, but this is standard practice for renters and subleasers in NYC. Also my landlord told me that i could have a subleaser, since the apt is a 2 bedroom apt. I have alllof his emails and i have a timeline of his behavior. Please let me know if I am legally justified in keeping the deposit. I was stuck with the rent for the following mo ths as well as the utlities and i had to clean after he moved out.thanks


Asked on 10/26/04, 10:33 am

1 Answer from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Roommate subleasing

Even assuming you didn't have a right taking a security deposit, the fact that he didn't give you timely notice and cost you damages (rent, utilities, clean up costs) certainly justifies you deducting money receivedas rent owed. If I were you I'd defend the case.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 10/26/04, 10:44 am


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