Is my roommate allowed to forfeit paying utilities if she is not on the lease and did not occupy her room for a month without telling us?
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Is my roommate allowed to forfeit paying utilities if she is not on the lease and did not occupy her room for a month without telling us?
I am living in an apartment in which one of the girls moving out is not on the lease. We did not create any binding contract when she moved in to replace the original leaser. As such, she did not occupy the apartment last month (though did not inform us her room would be vacant) and told us late last month that she would be moving in the middle of this month. The issue is that she refuses to pay utilities for last month, claiming that she should not pay because she was not there. Is she allowed to do this?
Asked on February 11, 2012 under Real Estate Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
From what you have written, your roommate is on a month-to-month oral sublease with you. She is obligated to pay her share of the rental's upkeep from the time she gives notice of leaving up to the date she actually leaves. She is required to give 30 days notice of move out.
If your roommate retroactively tells you she has moved out, she is still obligated for rent and utilities before the notice was given and for 30 days afterwards.
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