Roomate Entitlements in a Move-Out (money)

[bridgeo730]

I recently moved to Boston, paid the first, last, and security deposit equal to one month's rent to the roommate who handles all the finances. Our apartment was robbed on the 3rd day of having lived there, and everything valuable was stolen (from passport to soc. sec card to latptop etc.) I decided to move (also the landlord has 2 children who are loud, the roommate plays loud music etc) and once I found a place (on the 25 of September), I informed my roommates that I was leaving, and that they would need to find a new roommate because I am moving out on the 1st of October. They technically have 5 days to find someone, which is do-able in Boston. Now, we have no written lease, there don't seem to be any rules besides what the Russian, who is in charge of finances and has been there the longest, says... what exactly am I entitled to back? For sure the last months rent right? But what about the security deposit? I figure the new person will have to pay another security deposit on-top of mine, so shouldn't I get my original back? I'm afraid the Russian will keep it as punishment for making him find a new roommate (which I offered to do but he refused). Sorry for this being so long... HELP!

 

[Gail_in_Georgia]

In the absence of a lease, a renter is considered to be a "tenant at will" or a month to month tenant.

That means you can vacate the unit with 30 days notice.

You gave five days notice on September 25. Thus, you owe for the October rent.

Your last months rent will be used to pay for this month unless your roommates find a tenant to replace you during this time period.

A security deposit can also be used to pay owed rent as well as damages above normal wear and tear. It is unlikely you could do much damage to the unit in the short time period you are there so this should be returned to you within the time period your state allows.

Gail

 

[bridgeo730]

So...

Thank you for your response, so I guess the question is: If my roommate finds someone in 5 days (which is more than possible), then I should get my last month's rent and security deposit back (true, there is absolutely no damage to the apartment) and who do I get this back from, the Russian or the Landlord (who I have never actually seen before..)

This is a great help! Thanks!

 

[Gail_in_Georgia]

If the unit is rerented (with actual rent being paid by the new tenant) and there is no damage, you should get both back.

A landlord cannot "double dip" rent.

If the roommate is the one who is holding the security deposit then that is who you should get this back from.

If there are some advertising costs involved in re-renting this unit, the funds for such can be taken out of your security deposit.

Gail

 

[bridgeo730]

So my roommate has just decided to keep both my last month AND security deposit. Can I sue him for at least one of them??

 

[jacksgal]

Sure you can sue him. Has he found new roomate? If not your dead where you stand