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#21
02-24-2006, 03:15 PM
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What about the security deposit?
We have 1 months rents as security. To appease him and be reasonable, I have told him that I will give him his check back in full as long as everything's in order when leaves. (Rather that being a dick and telling him to give me an address to mail it to with necessary deductions in the standard 4-6 weeks).
Since the locking-of-the-door incident, I have considered refusing to return his deposit, because he has not allowed me to rent out the apartment for the month of March (which is probably a lie...I'll find someone). He will be demanding the check, however, when he leaves, and probably will not leave without check in hand. My line? (And just so you know from my perspective, this is something that I really don't want to do. I am trying to avoid drastic moves. At worst, if I can't rent the apt. in March, it's a $400 hit per person for my roommate and I. I'm more than willing to take that write-off to have this [censored] out of my life.) 
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#22
02-24-2006, 03:19 PM
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Re: What about the security deposit?
[ QUOTE ]
We have 1 months rents as security. To appease him and be reasonable, I have told him that I will give him his check back in full as long as everything's in order when leaves. Since the locking-of-the-door incident, I have considered refusing to return his deposit, because he has not allowed me to rent out the apartment for the month of March (which is probably a lie...I'll find someone). He will be demanding the check, however, when he leaves, and probably will not leave without check in hand. [/ QUOTE ] There is no frickin way you should give him any money until his room is empty and clean. At that point, I doubt he'll want to hang around, regardless. Also, don't forget about any money he may owe you later for utilities (depending upon your prior arrangement). Once his room is empty, it is up to you whether you wish to give him back his security deposit right then. However, I would plan to keep at least part of that money as damages for lost rent, unless you gave him somthing in writing which stated that he could leave early with no penalty.
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#23
02-24-2006, 03:23 PM
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Re: Roommate Troubles (very long, but I could use the help)
Since this is an interior door, A locksmith really isn't necessary. If the door swings out, you can pull the hinge pins. If it swings in, you can pry off the strip of wood that the door shuts against, then push the latch back. If you pry the strip off carefully, so it doesn't break, you can nail it back when you're done. You can even reuse the nails, if you don't bend them.
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#24
02-24-2006, 03:30 PM
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Re: What about the security deposit?
[ QUOTE ]
[ QUOTE ] We have 1 months rents as security. To appease him and be reasonable, I have told him that I will give him his check back in full as long as everything's in order when leaves. Since the locking-of-the-door incident, I have considered refusing to return his deposit, because he has not allowed me to rent out the apartment for the month of March (which is probably a lie...I'll find someone). He will be demanding the check, however, when he leaves, and probably will not leave without check in hand. [/ QUOTE ] There is no frickin way you should give him any money until his room is empty and clean. At that point, I doubt he'll want to hang around, regardless. Also, don't forget about any money he may owe you later for utilities (depending upon your prior arrangement). Once his room is empty, it is up to you whether you wish to give him back his security deposit right then. However, I would plan to keep at least part of that money as damages for lost rent, unless you gave him somthing in writing which stated that he could leave early with no penalty. [/ QUOTE ] He owes us utilites, and we we owe him cable/internet so that's a wash. (That's another great example of him -- he will refuse to transfer the TW account to us. So we will have to disconnect cable and then wait two weeks for a new installation under my name) There was definitely no agreement regarding leaving early with no penalty. I was fine with him leaving because he gave us plenty of notice, and certainly planned on giving the deposit back (nothing in writing), but that was obviously under the assumption that I'd have the opportunity to rent out the room. I guess it all comes down to me looking into my recourse if he simply does not move out, because it's not really an official eviction.
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#26
02-24-2006, 03:34 PM
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Re: Roommate Troubles (very long, but in digestible pieces!)
[ QUOTE ]
I have considered not returning his deposit for failure to giving me notice of his departure. The point of giving me notice is so I can have adquate time to find a tenant to rent the apartment. Locking the door prevents me from doing this. [/ QUOTE ] Dude, WTF? There's your hammer. Just let him know if he doesn't comply with showing his room, you're going to prorate his March rent for every extra day it takes you to fill that room. INCLUDING any extra days he stays. Then when he does move out you can take your sweetass time finding the perfect roommate.
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#27
02-24-2006, 03:36 PM
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Re: What about the security deposit?
[ QUOTE ]
I guess it all comes down to me looking into my recourse if he simply does not move out, because it's not really an official eviction. [/ QUOTE ] Although I am a landlord (who also watches a lot of Judge Judy [img]/images/graemlins/grin.gif[/img]), you can't assume, as did at least one other poster, that you can just toss him out willy-nilly. The presence of the written sublease agreement may well have created an official landlord-tenant arrangement among the three of you, which may preclude you from removing him with the force of law. Of course, I'm not a lawyer, and I don't know the landlord-tenant laws in NY. I hold by the earlier advice I gave, and assume that if you can't come to a reasonable agreement...he will be eager to move after you remove his door.
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#28
02-24-2006, 03:37 PM
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Re: Roommate Troubles (very long, but in digestible pieces!)
[ QUOTE ]
[ QUOTE ] I have considered not returning his deposit for failure to giving me notice of his departure. The point of giving me notice is so I can have adquate time to find a tenant to rent the apartment. Locking the door prevents me from doing this. [/ QUOTE ] Dude, WTF? There's your hammer. Just let him know if he doesn't comply with showing his room, you're going to prorate his March rent for every extra day it takes you to fill that room. INCLUDING any extra days he stays. Then when he does move out you can take your sweetass time finding the perfect roommate. [/ QUOTE ] Again, this is really the key. If I go home today and say "Joe, I'll be keeping your deposit for every day it takes me to fill the room and any day you continue to stay" then he'll probably just say "FU. I'll just stay right here until I get my money or until the end of March, when you're just F'ed again." Every scenario, unfortunately, boils down to the fact that I think he holds much of the power because he lives there now, all his stuff is there, and he can just stay. I guess I'm brought back to changing the locks...
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#29
02-24-2006, 03:38 PM
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Re: One more thing..
[ QUOTE ]
I almost forgot. Anybody looking, or know somebody looking, for an apartment/share up in Washington Heights? Right on the A-line at 181st and Fort Washington. Peace. [/ QUOTE ] 
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#30
02-24-2006, 03:56 PM
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Re: Roommate Troubles (very long, but in digestible pieces!)
1. I like Chesspain's idea of removing his door.
2. Change the locks to your house so that he can't get in after the 28th. 3. All else fails, untuck you sack, kick down the god damn door and throw his [censored] on the lawn. 4. As far as the cable, you might be able to get a "new subscriber" rate and get six months free of HBO/Cinemax or whatever.
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