Third Roommate Security Deposit

[NYC-BKN]

I have a question regarding the legality of a current situation that has just developed with my third roommate. The third roommates is currently not part of the year lease, and is considered a month-to-month tenant, at least by my research. She lived with us for a month, and now has decided to move out. The two of us put up the security deposit with the housing office, for which the third did pay us personally for it, but my question is if she is legally not on the lease, and she did not notify us in writing that she was planning on moving out within 30 days of her expected move, do we have any legal standing not to return her deposit?

She paid for the full month of June, so we legally cannot evict her based on her right for this month, but if we do not have anyone moving in directly after her, on the first of July, can we legally hold her security deposit for damages? If someone moves in on July 2, would we have to return part of the deposit, or do we still have the right to return none?

Just trying to get a good sense of our rights versus hers. We want to be fully protected as we tried to be the good guys from the start, letting her live with us because she has poor credit (should have been our first inkling), but seeing as how the situation has now turned into loud music at 1 AM, leaving lights on/water running in the kitchen, basically immature lashing out, we're just trying to find out if we have any legal right to hold her deposit. If we have any leeway to kick her out, or her free-loading friend who has been staying with us for the past two week, I'd appreciate any help with that as well.

I should note that there are a few emails that have suggested we would give it back to her...sure that would hold up in court, but I have never received an official notice of leave from her. The only thing I have in writing is a forward of a craigslist ad she put out.

Thanks!
Joe

[TenantNet]

If this person is a "roommate" who is not on the lease, they are not a month-to-month tenant. They are a roommate AKA occupant AKA licensee. You are in the position as a landlord to this person.

If a M2M tenant, there is no required notice period. As a licensee without a written agreement specifying a notice requirement, I don't know of any required period, but I'd assume there is none. I don't see what basis you would have to withhold the deposit.

Even if you did have the right, the basis would be on the lack of notice and the "damages" would be loss of rent. If someone came in, to withhold the deposit would be double-dipping on your part. You say you want to be good guys, but it doesn't sound like that.

If you try to kick her out you could be subject to criminal charges. Don't do it.

[NYC-BKN]

Hey, thanks for the quick response. I know we legally cannot kick her out, it was just a side-note as things have gotten to the point where we are now afraid of her stealing or damaging our personal property.

My question was more of an inquiry if we could legally hold her deposit for July rent if we could not find someone to replace her. Also if that money could go towards any utility bills coming at the end of June, which would still fall under her residency. If she is technically an occupant, would we be required to give back her deposit when she moved out, or would we have 15/30 days?

Trust me, I'm not one to steal, and I guess if I went into full disclosure on the situation, you wouldn't see it as us being the bad guys. I'm just trying to protect myself and my other roommate from having to front more than we can afford.

[TenantNet]

You didn't ask about utilities, real damages (if any) or other issues. Obviously those are factors. But without a notice requirement -- and I'm not aware of any unless you have it in writing -- then there's no basis to withhold the deposit for rent.

When you have multiple roommates, it's the risk you assume that one might move out before the others. The tenant has the obligations to cover the rent, but also the benefits of tenancy. If you want to cover all bases, then put it in writing next time.

[NYC-BKN]

Thanks. Appreciate the info.