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Tenant is moving out and breaking their lease. I’ll be taking over the room but they expect me to pay them the security deposit. The lease says that if she breaks the lease then she forfeits the deposit. I only want to give the deposit to the landlord so as to avoid getting scammed. What should I do

r/

Location: NYC

The landlord has asked her to sign a document saying that she forfeits the deposit but she wants me to pay her the deposit since the landlord won’t give her her portion back. I’m just now learning about all of this. I’ve already signed the lease and I’m supposed to move in a little over 2 weeks. This is a group lease. She’s been taken off the lease and I’ve been placed on it.

The landlord has not asked me for a deposit at all. Having read the lease, it makes sense to me that she should get her deposit back from the landlord when the lease ends in December at which point I would also pay my deposit. This is my first time having a lease, so I’m not really sure what to do.

We live in NYC. What is the protocol here?

Comments

  1. fragile_faun Avatar
    fragile_faun

    Had a similar situation…. She signed a contract. You’re not legally obligated to pay her. If it is gonna keep you up at night morally, pay her, if not… then I’d more than likely just ignore her. Do not engage, reply you will not be paying as you’re not legally obligated to. Therefore, she can get so wrecked.

  2. MeasurementSafe4819 Avatar
    MeasurementSafe4819

    If the papers you signed are legit and dated signed by all of you and you have the separate amount that you pay stated you should be ok and they should go or that if you don’t have the payments separated it’s small claims court but that’s something that the landlord would be involved in as well.