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Rodrigula
Jan 2, 2009, 12:39 PM
Good afternoon everyone,

This is my first time doing this and since I would like to do the right thing , here is my question.

My roommate , who is the owner of the apt that that I was renting a room at , notify me a while ago that he was going to rent the whole pleace because he was going to buy a house. He said it was not for certain , but it did happened, he did the closing on the 17 of this month , so he offered me to move to the new house . I said yes but , I got a really good offer on the 31 of dec to move at another place for a month for free, so I told him I was not going to move in with him. I told him that I was willing to give him 200 dollars out of the deposit since it was a last minute thing and he refuse, he wants to prorate me.

We don't have a contract, he did not put the deposit in an ascrow account like New Jersey state requires,never gave me a note of security deposit, according to the Security Deposit Act. And I paid him in checks all the time , which I can use as receipts. And I know he is not going to inform that income to the IRS.

He told me I was suppose to give him a 30 day notice , but how could I have done that , he signed the contract for the house on the 17 of this month and we had to be out by the 31st of December. I am trying to be nice , but I would like some advice, should I do.


V/R
Rod

N0help4u
Jan 2, 2009, 12:52 PM
He gave you a choice to move with him that I would think is not the same as or have anything to do with your deposit where you are.
He broke the contract for that place. Also I do not think the deposit is to be used that way. The deposit is to be used for damages that you caused and he is required to give you an itemized list of deductions for the damages. So I would say he owes you the entire amount of the deposit if all he wants is for a time difference that is mostly his doing.
I think I would take him to court for the entire amount plus the interest and let the Judge sort it out.
You may lose a friend but it sounds like you were on your way to being on his ex friend list anyway.