I was living in NYC in an apartment [like ya do...] and ended up needing to leave. June 1st was my move out date, the lease ended in August [this month]. The landlord OKed my moving out and letting my current roommate finish my term. I waited 'til the end of July to contact my landlord, as I figured I wouldn't have the right to my deposit til the lease was up.
There's a pretty severe language barrier between myself and this man, so sometimes communication is just very difficult, and not very clear. So that's when I mean when I say I get the "impression" of what he meant, it could also be me not fully following him, or him not fully following me and giving me a funky answer, or it could just be... you get the idea. I call him up and talk to him, he seems pretty agitated but that wasn't out of the ordinary, and from what I gather my ex roommate would need to put up another deposit before I get mine back. This didn't sound right to me - what if somebody else moved in right after me, and I had no idea who they were? Would I still not get it back? My boyfriend looked up some things, but he only had California law to show me [which is most certainly not where I was, being in New York] and it said, more or less since he moved in the place was never fully vacated and therefore I cannot get my deposit til either that occurs or Ex-roomie provides a new deposit.
The ex roommate has since found somebody else and plans to stay there, which was made clear to the landlord when I moved out, as well, and he was fine with it - in a "we will sign a new lease" sort of way, obviously. My BF's logic was that the law couldn't differ that much, and my logic was... to post here and see if anybody else has ever been in a similar situation. I suppose I just am hoping to be able to get my money back, no matter what's going on with the Ex roommate since essentially, my lease was fulfilled and it was agreed I'd get my money back.
To break it down:
I move out ahead of time on the lease with ex-roommate fulfilling the last two months, landlord OKs it.
Contact landlord at end of lease period to inquire/give new address info for the deposit to be sent.
Landlord says he needs deposit from ex-roommate before I can get mine.
If there's any clarification needed just ask, I did my best to make this as non-confusing and sense-making as I could manage.