Have a contract with my roommate but I am not on the lease. Can I leave early?

[newyorker82]

I’m leaving my New York City apartment share to move in with my boyfriend at the beginning of June. I’m not on the lease at my current apartment, but have signed a roommate agreement that states that I will rent the room for “at least six months.” I’m moving out 1.5 months early and am wondering if I’m still liable for rent there. I’ve volunteered to help find someone to fill my room, but my roommate (the leaseholder) is being difficult about this, saying that he’s going to be busy and won’t be around to meet people. I have a feeling he’s intentionally trying to make the process harder than it has to be because he’s angry. Now, rent is due for the May 15th – June 15th period, and frankly I don’t want to pay it because I think he’s going to try to cheat me. Should I let him keep my security deposit and just leave now? Can he come after me through the courts if I do this? PLEASE HELP!

Also, in our agreement, he required 60 days notification if I decided to move. I informed him on April 20th that I intended to move out. Does this make me liable for rent until June 20th?

THANKS

You signed a 6 month lease. You ar responsible for the rent for that period. NY state law is unclear on whether the landlord (your roommate) has a duty to try and re-rent. Please check NYC laws on this. You would be responsible until the room was re-rented, plus advertising fees.

If you failed to give the amount of notice required in your lease, you are responsible for re tn for that notice period unless it is re-rented during that time.

[newyorker82]

So, I'm liable for rent until June 20th? Could I use my deposit to cover this? Also, he states in our contract that
"If the tenant fully complies with all the terms of this agreement the security deposit will be fully refunded...If the tenant does not fully comply with this agreement the security deposit will be used to pay for amounts owed by the tenant."

Since I'm not in full compliance, I lose my deposit, right? So, shouldn't he just use my deposit to pay my portion of this month's rent, since this is what he states it will be used for if I don't fully comply?

No, no no! You cannot use the deposit as rent, ever! State laws in every state say that the deposit is to be used only after you vacate and for damages to the unit. It is there to secure your performance under the agreement you signed. This is why the agreement says it can be used to pay your monetary damages after you leave if you leave owing money (like for utilities) or damages to the unit. It says nothing about rent. You are not permitted to touch it. If you fail to pay rent and tell the other party to use the deposit as rent, this is the same as not paying rent at all. He will serve you a 3 day Pay or Quit notice (this is NY state law and may vary for NYC). Then he can file for eviction for non-payment of rent. Once filed, this will be on your court record for anyone to see (it is a public record). Future LLs check these!

Move out if you plan to do so. Pay your rent through the end of the notice period at least. Notify the roommate that since you have vacated, he should find another roomate (do this in writing and keep a copy). But until he does, you owe the rent. He must account for your deposit within a "reasonable amount of time" after you move out per NY state statutes.

[newyorker82]

Can you direct me to these laws about deposits?

I'm getting a lot of conflicting information about this. My boss (a lawyer) advises me to not give my roommate any more money since he still has the deposit. He says I'm liable for rent until June 20th, but if this goes to court, I could be liable for rent until July 1st.

Aargh!

[newyorker82]

Also, I just found this on the Office of the Attorney General of New York website, within the Tenant's Rights Guide: http://www.oag.state.ny.us/bureaus/r...ghts_guide.pdf

pg 9 of the document
"A landlord may use the security deposit as a reimbursement for the reasonable cost of repairs beyond normal wear and tear, if the tenant damages the apartment, or a reimbursement of any unpaid rent."

What do you think?

Is your boss an eviction attorney, or some other type? NY deposit law is under the New York Gen. Oblig. Law of 7-101 to 7-108. Deposit cannot be used as rent. Don't know where the attorney thought it could be, since it cannot be touched until AFTER you move out. The LL cannot take the deposit as rent for the last month unless you are already out of the unit by that date.

The confusion from your attorney on the dates (June 20th vs. July 1st) comes from term vs. literal day law. Some states are "literal day" states. Their notice laws says the tenant must give notice of xx (usually 30) days and the LL must count forward, literally, xx calendar days to find the end date of obligation. If NY is a literal day state, you would owe rent for the 60 calendar days from April 20th (which would be rent through June 19th).

Other states are "term" states. Their notice laws say that notice must be given on or before the next rental term (when rent is due) and must end at the end of the term (the last day in the rent cycle). If NY is a term state, you would owe rent through the end of the next term since the notice on April 20th wouldn't take effect until the end of that term. Is your rent due on the 15th of the month? If so, and if NY is a term state, your notice didn't take effect until the next term on May 15 and would run through July 14th. (Not July 1st - your boss probably thinks your rent was due on the 1st of the month, as most people's are.) You would have to look up notice laws (look under some section on ending the tenancy). Look for language such as "on or before" a certain date, or "with the next rent due", or other such language. That would tell you which type of state NY is.

Wish there was a cut and dried answer. But as you are finding out, laws are not black and white, and are subject to people (a judge's) interpretation.

[newyorker82]

Wow, thanks for all the info!! I have a lot of homework tonight!

By the way, here's what the beginning of the agreement says, in regards to notification. I think this might have an effect upon the duration of my rental obligation.

"The rent agreement can only be ended at the end of the month, and the guarantor has to be pre-notified no later than 60 days in advance and has to be in written form."

[newyorker82]

Also, I found this on the NY Office of the Attorney General's website, within the Tenant's Rights Guide, under the title "Rent Security Deposits."
Housing Issues

pp 9
"A landlord may use the security deposit as reimbursement for the reasonable cost of repairs beyond normal wear and tear, if the tenant damages the apartment, or a reimbursement for any unpaid rent."

Conflicted? You bet I am!

Everyone here is forgetting that you have a contract obligating you to pay rent through July 15 -- you said you were leaving 1.5 months early when you leave June 1 to shack up with your bf. Therefore, you are obliged to pay the rent through July 15 and you should have given notice on or before May 15 to actually terminate the agreement on July 15 (and it appears you gave plenty of notice dating from April 20) -- otherwise you probably fall under a holdover clause and continue to be obligated month by month under the terms of the agreement. So, all things considered, the correct answer is that your landlord can hold you reponsible for the rent through July 15, with no duty to mitigate his damages. He can sue you for unpaid rent (through the term of the agreement), damage, cleaning and anything else related to your tenancy. Why in the world is your need to move in with your boyfriend more important than honoring your debts and obligations? You need to take stock of yourself and get your priorities straight!