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harrassed by (deposit-holding) roommate

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harrassed by (deposit-holding) roommate

Postby bobbymcgee73 » Wed Mar 13, 2002 5:18 pm

What are my rights? Can anyone offer up some helpful resources other than tenant.net?

ever since i told my roommate (who is on the lease--i'm not--and is holding my security deposit and this month's rent) that i was moving out over a month ago, he has made my life a living hell. he has retaliated by making up unreasonable and downright unfair rules that he has told me i must abide by lest he throw me out any time he wishes and keep the rest of my deposit. some of these new rules go directly against what we had mutually decided on when i moved in. one new rule states that i may not have visitors over past 11pm unless i clear it with him first, which i feel is grossly unfair and controlling. additionally, he has taken to picking fights w/ me every day about extremely petty issues, as well as exhibit hurtful passive-aggressive behavior (throwing my food on the kitchen floor, putting the hair from the shower drain in my toiletries, etc.) and he threatens that he'll keep my deposit if i don't scamper away w/ my tail between my legs.

we also made a verbal contract that i would move out at the end of the month, which he keeps threatening to break and vows to "throw me out" sooner. i wouldn't mind moving out sooner, but i would require that he forfeit the rest of my month's rent to me.

we also have written, on a piece of paper when i moved in, a receipt of my deposit money and that the money would be returned to me if there is no damage in the apartment.


can he throw me out whenever he likes? and if so, is he required to give up the rest of my rent? if i move out early on the grounds of him harrassing me, is there any chance i could legally win the rest of my rent back, as well as ensure i get my deposit back?

can he keep the deposit for any other reason besides damage to the apartment (which i have not done)?

where can i go to find legal help on this?

thank you SO much for your help and/or empathy.

walking on,
Posts: 1
Joined: Wed Mar 13, 2002 2:01 am
Location: UWS

Re: harrassed by (deposit-holding) roommate

Postby Lilly » Thu Mar 14, 2002 1:24 am

Well, you said it yourself: "hurtful passive-aggressive behavior". You hurt his feelings. Since you have nothing, no lease or agreement, in writing, you don't have to give him any notice for moving out - he has to give you 30-days notice if he wants you to move out - and no, he can't just kick you out anytime he wants, not unless HE WANTS TO (maybe)SPEND THE NIGHT IN JAIL! See the front page here at Tenant.Net, scroll down and look under the Tenant Ticker and read about "Illegal Evictions and Police Procedure" - that should put a smile on your face.
The security deposit I have a feeling you're not going to get the whole thing back, not without a whole lotta ego-stroking, and even then he'll probably make up something. You always have the option of small claims court(easy) - and take pix of the apartment to show there is no damage.
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Joined: Sat Mar 02, 2002 2:01 am
Location: New York City

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