Security Refund, roommate did not give adequate notice
November 12, 2015 11:16 PM   Subscribe

I'm in NYC. Our written agreement requires a minimum of 30 days notice if he is going to leave (also 30 days if I want him out). Wednesday he told me he is leaving today (Friday), and probably won't be back, but may want to come back in 2 weeks if his new job does not work out (he is on vacation from current one).

My roommate moved in mid month, so I've been getting the monthly rent based on the 15th. He payed on October 15 which covers him from Oct 15 to November 15. Also in writing is that I would be fine with accommodating a partial month, so that if he were to leave on the 30th he would only be responsible for an additional 2 weeks rent, but that was based on having at least 30 days notice.

I do have 1 months security. I don't know how long it will take me to get a new roommate (took a few weeks to find him). Given that he did not give me 30 days notice do I owe him the security? If a new roommate moves in Dec 1, would I owe him 2 weeks of the security?
posted by sentientsock to Law & Government (6 answers total)
 
He agreed to 30 days notice. Full stop. He may screw you on the remainder on those days by not paying. Check with NYC rental law if you can keep his roommate deposit towards the 30 days, pro rated against his move out date.

NO. He does not keep the option of tenancy without paying for the in between days, or storing his possessions onsite.

Be firm via email and remind him of the lease conditions, nicely. Assume he will not pay rent (since he does not understand lease agreements) and eat the cost or protect yourself, according to NYC law.
posted by jbenben at 11:41 PM on November 12, 2015 [9 favorites]


If you don't find a new roommate keep the security in lieu of rent. You don't owe him the security in this case given 2 days notice (assuming NYC law agrees.)

If he'd paid rent for 30 days of notice, and you found a new roommate early on Dec 1st, generally you'd be expected to pay back the two weeks of rent/notice, perhaps minus any advertising fees etc. you paid to find a new roommate.

Whether you follow this rule with the security deposit is up to you - I'd base it on how cooperative he is with the whole process (and 2 days notice is very much not cooperative so far!)
posted by Ashlyth at 12:26 AM on November 13, 2015


He can leave whenever he wants but he still owes you next month's rent - especially if he wants the option to return in 2 weeks time if the new job doesn't work out.

Make it clear that if he wants the option to return in 2 weeks then he needs to pay for next month's rent and his 30 days notice starts from 2 weeks from now. Otherwise you'll be keeping his deposit and will start looking for a new roommate straight away and he will not have the option of coming back
posted by missmagenta at 2:11 AM on November 13, 2015 [2 favorites]


Seconding jbenben: either he's moved out (and needs to remove his stuff by today) or he has NOT moved out (and he continues to owe rent until he AND HIS STUFF are both gone) --- he doesn't get to have it both ways with some wishy-washy maybe-he-is/maybe-he-isn't deal, and you aren't running a free storage facility.

He agreed to 30 days notice, which means he owes through at least Dec. 15, especially if he wants to keep open the option of returning (which I would suggest you do not permit, because if you do he'll definitely pull this again). And don't refund him ANY of the security deposit until he AND his stuff are gone.
posted by easily confused at 3:16 AM on November 13, 2015 [1 favorite]


Response by poster: He did move everything out.
posted by sentientsock at 9:11 AM on November 13, 2015


Okay, he's out: that's the good news. He's out, do NOT let him move back in again.

So the only thing left is money: rent due and the security deposit. Thirty days notice would mean he legally owes you rent through Dec. 15, but do you have a REALISTIC chance of getting that rent? Unfortunately, probably not. And considering NYC's tenant protection laws, I don't think you can keep the security deposit to cover that last month's rent.

So: you're rid of him and his stuff --- great. Whether you find another roommate in the next two weeks or not, don't let him move back in: if you do, he'll just take that as full permission to walk all over you. Change your locks, return his deposit, and consider yourself well rid of him.
posted by easily confused at 5:00 PM on November 13, 2015


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