If my roommate is the leaseholder, how do I get my security deposit back?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my roommate is the leaseholder, how do I get my security deposit back?
When I moved in she asked me to sign a contract stating that if I did not give her 30 days notice she would keep the deposit. I told her on the 8th that I was looking for a place and on the 17th that I was moving out. She is showing the room but says even if she finds a person to take the room she is keeping the deposit. Is this possible?
Asked on December 19, 2012 under Real Estate Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Based upon what you have written, your landlord cannot legally keep ypur security deposit. I would demand payment of such by a certain date in writing and if not paid then small claims court would be your option. Keep a copy of the letter for future use and need.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.