Roommate rights query - not on the lease.?

Question

I moved into a house with 3 other people in June 06, subletting from the previous room occupant until August 06. I was instructed by the landlord to give my last month and security deposit to the occupant who was leaving. When the sublet ended I stayed, but was never given a lease to sign (although I did ask about it). On Dec 6th, I gave my roommates 27 days notice that I'd be moving out on the first of Jan. I talked to the landlord and he says that I would be receiving my last month/security from the new occupant. I knew some people who were interested and was helping to find a replacement, until my roommates decided to deny my help, saying they had people coming to look and they would be making the decision. What if they don't find someone they deem suitable, or they do and then neglect to give me the last month/security that they collect from the new roommate? Do I have any rights, or can I take any action?

Answer 1

Well, as much as I hate to say it's a messy situation, but it is! You could have dealt directly with the landlord (by handing your deposits to him and obtaining a receipt) so he can pay the exiting tenant off. If you had done that, it wouldn't have mattered now if you have no say in the new tenant because you simply await getting your deposits back from the landlord. The new tenants will make deposits before move-in regardless.
Perhaps, the only alternative open is to wait till the new tenant moves in and see who received the deposit and then sue (assuming they refuse to fork it over).
But, why is your deposit refund tied to getting a new tenant if you didn't sign any lease? Ordinarily, your final obligation would be a 30-60 days notice depending on what was agreed upon.
Nonetheless, be sure to take pictures of your abode before exiting otherwise your deposit could be confiscated on the excuse of paying for your damages. It happens quite often - Goodluck!
(I AM NOT A LAWYER)

Answer 2

Obviously, you must live in a state that allows the landlord to collect the last months rent in addition to the first month when moving in.

Regardless, most states require the landlord to return your security deposit within 21 days of your vacating the premise.

I would say go and talk to your county tenant assistance program. Most counties have this.

Answer 3

except the employ elements otherwise, when you're both on the employ, you're both to blame to the owner for the finished employ. the way you divide it between you is between you and your roommate. once you've an settlement including your roommate that she will pay a million/2 the employ, then she might want to pay the steadiness to you. the owner does have a say in who subleases; yet, can not withhold permission unreasonably. except for, in case you or the owner deny permission for her to sublease, you could properly be on the hook for the entire quantity.

Answer 4

You could probably take them to small claims and throw yourself on the mercy of the court. Next time sign the lease--it provides for your rights as well as your obligations. If it ain't in writing then it's just a wish....