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Posted by Blue Zephyr on December 18, 2001 at 21:44:35:

In Reply to: moving out when there's no lease posted by Danielle on December 17, 2001 at 23:14:15:

This case is a good example of why written agreements between roommates are a must. The landlord - and the law - see you and your roommates as "jointly and severally" responsible for the rent. The means the group of you can be considered one "person" legally and if the rent is incomplete the landlord will certainly take it out of the deposit.

Your roommates, meanwhile, are probably concerned about affording the rent in your absence. They see you as "skipping out". The only way you can resolve this situation is to find a replacement roommate, who would be agreeable to the others and will pay 1/3 of the deposit to you upon moving in.

: I'm currently residing in Harrison, New York-I live in a two family house that's owned by the landlord/super. My apartment is occupied by myself and two other individuals. We signed no lease agreement when moving in--we paid the landlord the first months rent as well as a security deposit equalling one month's rent. I am looking to move out on the first of the year, but the two remaining tenants plan to remain for a month beyond that. Because we haven no lease agreement or any other type of written agreement, I don't know what my rights and/or obligations are, if any. Is there a certain time limit required for me to give the landlord notice? Is she required to return my third of the security deposit to me at the time I vacate? I'm concerned because the two remaining tenants have expressed that they intend to have the landlord use my third of the security deposit to pay what would have been my "portion" of the rent after I have vacated.

Follow Ups:

• Re: moving out when there's no lease Bob 12/19/01 (0)

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: This case is a good example of why written agreements between roommates are a must.  The landlord - and the law - see you and your roommates as "jointly and severally" responsible for the rent.  The means the group of you can be considered one "person" legally and if the rent is incomplete the landlord will certainly take it out of the deposit.  

: Your roommates, meanwhile, are probably concerned about affording the rent in your absence.  They see you as "skipping out".  The only way you can resolve this situation is to find a replacement roommate, who would be agreeable to the others and will pay 1/3 of the deposit to you upon moving in.

: : I'm currently residing in Harrison, New York-I live in a two family house that's owned by the landlord/super. My apartment is occupied by myself and two other individuals. We signed no lease agreement when moving in--we paid the landlord the first months rent as well as a security deposit equalling one month's rent. I am looking to move out on the first of the year, but the two remaining tenants plan to remain for a month beyond that. Because we haven no lease agreement or any other type of written agreement, I don't know what my rights and/or obligations are, if any. Is there a certain time limit required for me to give the landlord notice? Is she required to return my third of the security deposit to me at the time I vacate? I'm concerned because the two remaining tenants have expressed that they intend to have the landlord use my third of the security deposit to pay what would have been my "portion" of the rent after I have vacated.


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