Does NYC no lease, no contract roommate have to pay security deposit to lease holder

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richiehrs

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My son moved off campus into a non-rent controlled, non-stabalized apt in Bklyn, NY on Sept 1, 2009. It is a two-apt buliding over a business. He is not on the lease and has no written agreement with the young man who signed the lease. The landlord does know he lives there and approves. The lease-signer has lived there for two years and has had other roommates during that time - all of whom have been students at a nearby college - thus the turnover.
Now that we are about to pay Oct rent, my son has been asked for a check covering the "last month's rent" also - which is intended as a security deposit. There was no mention of this when he moved in, although in all fairness he needed a place to live and moved in in a hurry. There is one other roommate in the apartment and we do not know what arrangements he made with the lease-signer regarding a security deposit. Is my son required by law to pay towards the leasee's secruity deposit? If he does pay it, what protections does he have re: getting the money back since he is just a roommate?
His rent check is given to the leasee, but is made out to the realty company that manages the building. Greatly appreciate any assistance since NYC Rental Guidelines Board seems not to cover this situation. Thks!
 
It's not unusual that even in an sublet/roommate situation, the tenant is expected to come up with a security deposit. This can be used to pay owed rent (should he break his oral lease early) or to cover damages above normal wear and tear he may cause during his tenancy. Without such, the tenant on the lease would be responsible for these damages and would have no option except suing your son for any owed fees.

Your son can always request that a notice be written up stating he has provided a certain amount of money as a security deposit with all parties signing this as his documentation of this.

Gail
 
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