I got a roommate through a New York City Agency, he moved to my apartment on September 18, 2019, he wants a roommate agreement, and he stated also, that he wants to pay rent on the 18th of each month, I refused I made him pay the two weeks of September, and pay the rent on the 1st of each month, he agreed. We signed an agreement with one month deposit, one month rent, and a 30 days notice, the roommate agreement is for nine months to June 2020. On November 11, 2019, he sent me an e-mail stating that he is moving out of state on January 11, 2020, he wants to use the deposit to pay for January rent, for 11 days, and the rest of the deposit to be handed over to him in the money order. And also, he stated that the 30 notice is valid, and he is backed up by the roommate agency. What to do? What is the NYC law regarding these issues?
For the notice, what is the validity of the notice? Is the notice must be from the 1st to the 30th of the month or any date?
What the Law regarding the deposit?
What rent must be paid for January, the whole month, or 11 days?
Dear Manhattan Tenant:
How much money are you fighting over? Do you believe teaching "law" to the Roommate will resolve the issue?
You and the Roommate made your own "contract" outside the legal framework. In NYC a month to month tenant is not required to give notice--but must move out--without ANY apportionment of rent before the next rent due date. Security is returned within 14 days after moving out.
You and the Roommate made a nine month lease or rental agreement. So your "rules" control. He may have given thirty days notice, but did not end the tenancy on the last day of the month, and that is a typical method to end a tenancy that requires advance notice. On January 1, 2020, the Roommate will owe rent for the entire month. He is not entitled to any portion back. He is not entitled to force you to consume the security deposit to cover the last month rent. He is not entitled to a pro-rate refund for January rent.
I have forty three years experience in the specialty of Housing Law and Tenant's Rights advocacy. The answer I provided to you does not create an attorney and client relation. You are free to check my office contact information at my AVVO profile. The answer offered is in the nature of general information, and should not be considered as tailored legal advice. I offer answers as a service to the community with my firm belief that you should try gain a good outcome for your legal issue and to avoid a bad outcome if you can.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline