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Hi, I am a student and I paid the rent and deposit directly to my roommate. I just realize that the private receipt stated that donation paid due to 8th each month. And I asked her about it she didn't give me any answer. I don't know what to do and if I go to court, can she still refuse it? I am in NY state. Thank you!!
I'm having trouble parsing this - are you saying that the receipt says that you made a donation of some type that's due on the 8th of each month? I would guess you couldn't get that money back since you "donated" it (hopefully to some worthy cause).
In any event, if you take her to court and obtain a judgment, then she is compelled to pay it.
A deposit is generally paid up front when you rent a room and then you don't get it back til AFTER you move out. Are you moving out yet or are you continuing to live there? Your post really isn't clear at all.
2. What did your LEASE or SUB-LET agreement that you signed say re: refund of deposit? If you didn't sign anything, you are probably SOL and not going to see that money ever again.
it cost about 20 bucks to sue someone in small claim courts in nyc. they will help you sort out the paperwork and what to do when you go down there. you don't need a lawyer. just the cost of a metrocard and your documents.
Roommate was trying to be cute and gave OP a receipt calling the money paid a "donation". Any judge will see through that.
The laws outside of the city are not as pro-tenant as they are inside NYC. However, you cannot be evicted just because the roommate says to get out in either case - since you DO have a receipt.
I think you need to gather all documents relating to this "rental", bank statements showing cash withdrawals, corresponding "donation/rent" receipts, communication with the roommate (hopefully written) but if not, sit down and write out what you remember of convesations. Write down EXACTLY (the best you can) what was said. Not "he said that..." or "he said something like". This: "Roommate said, 'I will not return your deposit. It was a donation.'"
Pretend you are writing a play. QUOTES
Then enjoy your day in small claims court. It really is quite interesting.
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