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Security Deposit after sublessee death

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Security Deposit after sublessee death

Postby the_sister » Thu Mar 03, 2011 10:57 am

My sister sublet a room in an apartment in Brooklyn. The lease is in the roommate's name although the apartment manager approved the sublease. The roommate has a security deposit for more than the 1st and last months rent. My sister died last month. I have asked the roommate to hold her stuff until I can pack before the end of this month - March. According to the roommate there was no written agreement. The roommate is threatening to keep the security deposit. I can say that this was an untenable situtation with the roommate from the start. Her possessions have been violated and computer searched by the roommate. What are the rights of the estate in obtaining a partial security deposit? I should mention, she admitted taking money from my sister's purse and depositing in her account for safekeeping.
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Postby TenantNet » Thu Mar 03, 2011 12:06 pm

First, it's a roommate situation (AKA licensee), not a sublet.

The rights of a licensee are limited ... but might be impacted by the wording of the license agreement and who is a party to the agreement.

There is no legal reason why the landlord had to approve the roommate; a tenant can have a roommate whether or not the landlord approves.

If you are the estate administrator, then you have the rights of your sister to a degree. While an estate of a deceased tenant can maintain occupancy until the end of a lease, I have a feeling this might not hold for a deceased roommate (your sister). While you have no intent to stay in the room, if you want the tenant to keep the room open to allow you to pack up your sister's possessions, then the estate would be liable for rent for that month. One solution is to allow the deposit to be used in lieu of rent assuming you intend to have the possessions out by the end of March. Deposits are supposed to be for damages, but in many cases they are used for outstanding rent.

If the tenant is now claiming there is no agreement, as you appear to know about it, then you can refresh the tenant's memory.

As for privacy, the estate has the same legal rights as the person. You can put a lock on the room and demand privacy.
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Security Deposit after sublessee death

Postby the_sister » Thu Mar 03, 2011 12:41 pm

I am perfectly willing to allow the roommate to keep this month's rent so I may pack my sister's belongings. I will have everything out by March 15 or before. Is the roommate allowed to keep the whole security deposit? It is 2 1/2 times the rent. Do I have recourse. My sister was neat and clean and didn't use the kitchen much but shared the bathroom.
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Postby TenantNet » Thu Mar 03, 2011 1:02 pm

There are no partial months unless the lease provides for it.

If the deposit is 2.5 months, the whatever you don't use for March should be due back (unless there are real damages, so take a lot of photos and get a witness, and do a walk-through before handing over the keys).

Remember, this is a tenant, so that person will not be making repairs, so don't let them invent fake damages. See the thread on deposits in the forum's Reference section - although it might not cover your situation exactly.
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Postby ronin » Sun Mar 06, 2011 8:55 pm

You should inform the roommate that the property of the deceased (including rental deposits) cannot be tampered with until the estate is administered. I suggest getting an attorney's letter on this (anywhere from $75- $150 appx). Try calling the bar at 212-626-7373.

You can also go down to surrogates court in Brooklyn (345 Adams street) and get a small estate temporary administration decree ($25 but some leg work). Basically, the court will notify the roommate to lay-off the rent deposit until further notice. You are willing to clear out the property immediately, so there is no justification for holding your sister's rent deposit.

Your sister's roommate is being a real a-hole here. Like your sister died, have a heart.

Good luck with this. If you can't get some help send me a private message and I'll see if I can find you someone. SCPA and RPAPL are of two different worlds and it is difficult for most lawyers to deal with both simultaneously.
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