roommate did not give notice before leaving

nf23May 7, 2007

My current roommate and I have a lease that ends June 1st. We agreed to go on a month to month basis until August when my new roommate comes in and my current roommate starts her new contract somewhere else.

I asked her to sign a sublet agreement and she got "deeply offended". She now says that she will spend the two months at her parents to save cash.

I was given less then one months notice of these new plans and I found my new roommate based on her old plans.

The lease says that one must give 60 day notice before leaving in order to get the deposit back. The landlords will not let me sublet to anyone other than her.

So if I don't pay her half for June 1st, can I insist that the landlords take it from her deposit?

The only thing I have is emails indicating her plans to stay the summer and the fact that I found a roommate for Aug not June.

She sucks, but what can I do to cover my losses?!! I see July's rent as lost, but can I use the 60 day clause to cover June?

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moonshadow

Sounds like you're probably stuck, because you had a written lease that included her through 6/1, but just a verbal agreement (because she refused to sign a two month sublet) for July and August. I don't see how you can 'demand' the landlord take her half of June rent out of her deposit if her end of the deal expired June 1.

    Bookmark   May 9, 2007 at 7:33AM
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adellabedella_usa

How is her end of the deal over if she hasn't given notice?

I suspect you could probably take her to small claims court or at least threaten it to get her to pay her share. Someone here could probably recommend how to go about that.

    Bookmark   May 9, 2007 at 4:08PM
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moonshadow

nf23, I just received your email today (after I posted the above comment). Thank you for the nice compliment, btw. ;)

I reread your post again.

Just wanted to clarify:
She had a lease that expired 6/1/2007. A written, month to month lease that did not extend beyond 6/1/07. In other words, did the month to month lease involving her 'officially' terminate on 6/1/07? -OR- was the lease month to month and 6/1/07 was just the beginning of a new month, and not the final expiration date?

I truly don't know if the emails would hold up in court as sign of commitment on her part. I would tend to think not (people talk about things all the time, following through is often an entirely different matter.) However, all kinds of things are acceptable in court it seems, so perhaps a judge would rule that her emails were sufficient enough to bind her to the agreement (an unofficial 'promissory note' for lack of a better term).

If you can fill in a few blanks, and clarify a few details, perhaps we can offer more accurate advice to help you out of the unexpected bind you're in.

    Bookmark   May 9, 2007 at 5:04PM
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talley_sue_nyc

you might be able to make her pay YOU--her e-mails would be proof of a verbal contract, and a verbal contract is binding.

Small Claims would be the place to find out.

    Bookmark   May 9, 2007 at 6:20PM
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