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Posted by Provost on September 20, 2001 at 22:45:23:

In Reply to: security deposit posted by Kelly on September 20, 2001 at 21:40:28:

You may feel that what goes on after you leave is between your roommate and landlord. However it's your name that's on the lease and you're the one who rented the apartment and paid the security deposit. Therefore, you are the one responsible for the apartment, and its your a** that's on the line if your roommate doesn't vacate.

I'd be sure your roommate vacates the apartment before you leave on Oct. 1st. Otherwise you could still be held legally and financially responsible for paying rent the entire time she stays, and responsible for any damage she might cause. Not a good position to be in, particularly when you don't even live there anymore.

The simplest and most effective way to solve this is to make sure your roommate is OUT before Oct. 1st and to deliver the apartment empty, getting written confirmation from your landlord that the lease between you and him is over.

: I live in Jersey City, NJ in a rent-controlled apartment. I do not have a lease; the landlord instead offers a month-to-month rental agreement, which is in my name. I've lived here a year, but I'm getting ready to move. I have already given the landlord notice of my intention to vacate Oct. 1. My roommate wants to remain and take the rental agreement legally into her name, but the landlord refuses. That's all between them - I'm leaving anyway, at the end of the month. The problem is this: the situation is escalating between my roommate and my landlord, with him refusing to recognize her as a tenant, and with her refusing to vacate the apartment just because I am. Now he has sent me a letter stating that if the apartment is not vacant on Oct. 1, he will keep my security deposit for satisfaction of rent. I can't make her leave any more than he can. And I don't want to lose my money. The deposit is in my name, the rental agreement is in my name, the apartment is in satisfactory condition, and me and all my stuff will be gone Oct. 1, so I want my deposit back. What can I do?

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: You may feel that what goes on after you leave is between your roommate and landlord.  However it's your name that's on the lease and you're the one who rented the apartment and paid the security deposit.  Therefore, you are the one responsible for the apartment, and its your a** that's on the line if your roommate doesn't vacate.

: I'd be sure your roommate vacates the apartment before you leave on Oct. 1st.  Otherwise you could still be held legally and financially responsible for paying rent the entire time she stays, and responsible for any damage she might cause.  Not a good position to be in, particularly when you don't even live there anymore.

: The simplest and most effective way to solve this is to make sure your roommate is OUT before Oct. 1st and to deliver the apartment empty, getting written confirmation from your landlord that the lease between you and him is over. 


: : I live in Jersey City, NJ in a rent-controlled apartment.  I do not have a lease; the landlord instead offers a month-to-month rental agreement, which is in my name.  I've lived here a year, but I'm getting ready to move.  I have already given the landlord notice of my intention to vacate Oct. 1.  My roommate wants to remain and take the rental agreement legally into her name, but the landlord refuses.  That's all between them - I'm leaving anyway, at the end of the month.  The problem is this: the situation is escalating between my roommate and my landlord, with him refusing to recognize her as a tenant, and with her refusing to vacate the apartment just because I am.  Now he has sent me a letter stating that if the apartment is not vacant on Oct. 1, he will keep my security deposit for satisfaction of rent.  I can't make her leave any more than he can.  And I don't want to lose my money.  The deposit is in my name, the rental agreement is in my name, the apartment is in satisfactory condition, and me and all my stuff will be gone Oct. 1, so I want my deposit back.  What can I do?  


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