Posted by Ken on September 10, 2000 at 21:34:00:
In Reply to: Please answer! Roomate, premature departure. posted by Matt on September 10, 2000 at 16:56:53:
You asked for a "definitive" answer, but as you know roommate relations can be as formal or informal as the participants want. The answer really depends on what arrangements you had him. Did you have a formal lease ? A written or oral understanding that he must give you 30 days notice or pay a months rent before leaving ? If you didn't I don't think it be worthwhile for you to pursue this legally. Even if you went to the time and expense of taking him to court, he could just say that that was the arrangement you two had, and you'd have no way of proving otherwise. Basically your word against his.
As you know, landlords usually ask for a "security deposit" equal to a months rent -- to cover themselves in situations just like you described. If you are going to rely on your roommates payments to pay your own rent, they you really are acting as a "landlord" and you need make a more formal arrangement with a security deposit and written agreement (a lease) so that you don't have misunderstandings that leave you screwed again.
: : Need to know. Please can someone tell me a definitive answer. Had a roommate for a year who was paying me via checks. He left with out any notice (one day). Doesn't he owe me one months rent in leiu of a 30-day notice and as it may apply under Real Estate Property Law 232-A? Please let me know. I have been reasking this question over and over. Appreciate it!
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