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Rights as a non-leasholding roommate?

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Rights as a non-leasholding roommate?

Postby refugeelite » Fri Aug 31, 2012 11:59 am

Hello,
My roommate bullies me constantly and has now asked me to leave. I paid her a first, last and one month deposit when I moved in. She told me I don't have to pay for Septmeber (duh) but if I can get out asap. Should she refund the month since she asked me to leave? Also, what actions should I take to assure the return of my $850 deposit. I only moved in June 1. So there is little to no wear and tear on the room. Also while living here I have had to live in flooding and aggressive black mold conditions while she refuses to let me contact the landlord and ignores the problem, simply staying at her beach house while I have to live in this mini disaster zone
Thanks!
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Postby Emeraldstar » Fri Aug 31, 2012 10:24 pm

Hi All
I'm counting first, last, & deposit as covered rent to Sept. from June. If you paid more than that tell her you want the deposit back in a MO and if she does not you should stay to end of Sept paying nothing. She may go for it since I'm thinking that you covered her summer expenses hence the Sept move out. She has to legally file to evict you in court & by that time Sept will be over. She may be shrewed since by 90 days you have rights as a roommate and your just on the line. Carry your proof of rent & address with you in case she tries to lock you out. If you go & she refuses to refund you can file with the AG's office. Search the forum on roommates, illegal lockouts, & security deposits to be better informed.
I'll also say that if her apt. is RS and you paid more than half of the legal rent in your $850 you can file an overcharge complaint with the DHCR and may receive treble the amount over paid. Keep your proof of rent in order since you'll need that.
As for a roommate dealing with LL it's the lease holder who does that and she's probably waiting until she returns.
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Postby Cranky Tenant » Fri Aug 31, 2012 11:01 pm

First month, last month plus security = 3 months rent.
June, July and August = 3 months.
Unless I'm missing something it seems like if you move out by today, end of the month, you come out even.

And yes, if your roommate asked you to leave August 1st then you would still be responsible for August's rent or any other month that you've occupied the apartment. If she asked you to leave today and if you stay for half of the month rent free I'd take it as a gift.
I'm a cranky tenant NOT a cranky lawyer.
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Postby Emeraldstar » Sat Sep 01, 2012 12:07 pm

Hi All
I saw the 3 months to today even as well but gave the benefit of doubt Crankey, & agree that mid Sept. would be a gift. :wink:
Emeraldstar
 
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