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rajb77 · Oct 10, 2007, 10:03 AM

Hi.. tried searching for this but din't find anything helpful. Here's my situation.

I am looking to rent a room in an apartment in NJ. Found a room in a 3 BR apt that looks perfect for my needs (in terms of location etc) Talking to the person who is leaving the room, it doesn't seem there is any lease to be signed... none of the current roommates have a lease signed.. basically when one person leaves, he/she finds someone to take over the room and collect his/her share of security deposit from the new person. The landlord is not involved in any of this process. One of the roommates simply collects rent from the others and gives it to the landlord who gives a written recipt with all 3 tentants names. Now my specific question is - lets say I rent the room, I give my share of the security deposit (approx $400) to the person who is leaving (who advertised the room).. what happens when I decide to leave (after giving a 30 days notice.. since there is no formal lease).. how do I get my security deposit back ? If someone new is coming in.. then obviously I'll take it from them... what if there is no one taking the room ? Do I collect it from the landlord ? Or the existing roommates?. is there anything I can do to protect myself right now before I move in ? I don't think I'll get anything from the landlord.. and there is no primary lease holder (from what I have been told)... I know this is a bit of a risky situation - but I "HAVE" to take this since its perfect for my needs... just need some advice on what I can do to protect myself "incase" I run into trouble later while getting my deposit back.

Thanks!

ScottGem · Oct 10, 2007, 10:06 AM

It looks like this is an informal rolling tenancy. The landlord stays at arms length and doesn't get involved.

If you want your deposit back, you will need to collect it from the person you get to take over your room. If you can't find someone to do so, then you will be out of luck.

rajb77 · Oct 10, 2007, 10:27 AM

Thanks for your response Scott... I would hope that there is some legal obligation on the landlord's part /or the other roommates part to return the security deposit if I give them notice to leave... I do realize that there is no specific lease but from what I understand, if you pay rent to live in a place, it automatically qualifies as a month-to-month lease (even if you didn't sign anything).. in which case there has to be some provision on return of the security deposit ? I guess I could always just not pay the last month's rent before leaving but I'm trying to avoid that situation (if it comes to that.. ) by finding out alternatives.

Thanks!

Originally Posted by ScottGem

It looks like this is an informal rolling tenancy. The landlord stays at arms length and doesn't get involved.

If you want your deposit back, you will need to collect it from the person you get to take over your room. If you can't find someone to do so, then you will be out of luck.

rpg219 · Oct 10, 2007, 10:36 AM

Another question you need to ask them before taking this room... IF you don't find someone, once your time is up, how much (if any) of the following months rents are you responsible for. It sounds to me like YOU are the one responsible for finding a new roommate for the place. I would be very careful in this, with no agreement signed... how are you to know what the regulations of the rental are and if something goes wrong with the house who is responsible for fixing it? Think this through very carefully... it doesn't sound like the best rental agreement.

ScottGem · Oct 10, 2007, 10:47 AM

In effect, your agreement is not with the landlord but with the person you are taking over from. The ONLY way the landlord would be responsible for turning over the security is if all the roommates decided to move out at the same time. But as long as its rotating roommates, then you have a responsibility to find your replacement and you would get your security back from them. Just not paying the last month would not get you out of your responsibility. You could be sued for the last months rent.

Rpg also makes some good points. If you don't find a replacement, you could be held responsible for the rental until a replacement is found. Even if you give sufficient notice.

rajb77 · Oct 10, 2007, 10:49 AM

Hi rpg219... I would assume since I am not signing a lease, I would not be liable for any of the following months rent (provided I give a 30 day notice prior to leaving). I am planning on taking photos of the apartment before I start living there... this should protect me from any damages that happened before I joined... from what I gather talking to the existing roommates, they all started like me... and no one is in a lease... the landlord simply collects the rent when due, does the fixes when necessary (haven't heard anything bad about him so far)... once again.. I do realize there is a risk with this situation... Hence my attempts to find out what recourse I have to get my security deposit back IF I can't find anyone to take my spot when I leave.

Thanks for your response!

Originally Posted by rpg219

Another question you need to ask them before taking this room.....IF you don't find someone, once your time is up, how much (if any) of the following months rents are you responsible for. It sounds to me like YOU are the one responsible for finding a new roommate for the place. I would be very careful in this, with no agreement signed...how are you to know what the regulations of the rental are and if something goes wrong with the house who is responsible for fixing it? Think this through very carefully...it doesn't sound like the best rental agreement.

rajb77 · Oct 10, 2007, 10:50 AM

Scott - in a month to month tenancy... I don't believe I would responsible for any months rent once I give my notice to leave and pay the last months rent... am I wrong ? I thought this was the legal way (in nj)

ScottGem · Oct 10, 2007, 11:19 AM

In a normal situation where you are renting directly from a landlord that would be true. But this is not a normal situation. Since you are being made responsible for finding a successor tenant, you could be held liable if you don't. You are knowlingly assuming that responsibility.

rajb77 · Oct 10, 2007, 11:46 AM

I don't understand... how am I being made responsible for finding a successor... I am not signing any document... nor is there any such verbal agreement between me and the other roommates (or the landlord). All there is - is an an implicit understanding that the security deposit that I give (to the person leaving) will be returned to me by the person who comes in when I leave... so my question is on LEGAL grounds, don't I have the right to get my share of the deposit back from the Landlord/other roomates provided I give the at least the minimum number of days notice legally (since no lease) prior to leaving.

Is my assumption that on a month to month lease, any party can terminate the tenancy by providing sufficient notice (30/60days)... wrong??

ScottGem · Oct 10, 2007, 12:02 PM

You are making an arrangement with the current occupant. That person is turning over the space to you and you are reimbursing him for the deposit he paid. From what you have said, this seems to be the way all previous tenants have worked. Now there are two other roommates. If you leave them in a lurch without finding a replacement they are going to be responsible for your share. So they take you to court and testify that there was an implied understanding that you are responsible for finding a replacement. If they do that, they WILL win.

rajb77 · Oct 10, 2007, 12:28 PM

Hmmm... so what kind of tenancy is this ? I thought there was only two kinds of tenancy... either a fixed term lease or month-to-month... Are you really saying that LEGALLY there is a tenancy where the only time you get to leave is if you find someone else?? Somehow I find that a bit hard to comprehend (no offense intended... I do appreciate your input)...

Is there any one else in this forumn who can give their opinion... any lawyers here ?

rajb77 · Oct 10, 2007, 01:12 PM

Scott... if there is no agreement (verbal or written) between me and other roommates as to how long I need to stay, how can they take me to court if I end my month-to-month tenancy in according to local statures i.e. proper notice? Is there any such tenancy relationship where you can only vacate a room if you find a replacement?? (unless you have a fixed term lease and are trying to leave early) . No offence intended but I find it hard to believe that the roomates can take me to court if I terminate my month-to-month tenancy without a replacement!!

p.s: my original question about the security deposit still remains open :)

ScottGem · Oct 10, 2007, 03:08 PM

You aren't listening to me. There appears to be an implied agreement that each tenant will find their own replacement. That agreement can be binding. Why do you have a hard time accepting that? If you leave without finding a replacement or at least making a good faith effort to do so, the remaining tenants are on the hook for your share of the rent. Do you think they will sit idly by and accept that? Would you in their place?

Not all contracts have to be written. An implied contract can be binding.

As for deposit that was answered. To get your deposit back you have to find a replacement who will pay you the deposit.