Mar
25
I want to get my deposit back if I didn’t resign the lease but others did?
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I want to get my deposit back for $700. However, me and another roommate aren’t living in the apartment next year but 3 other people still are and resigned the lease. How do I get my deposit back if the manager doesn’t want to get involved in the situation?
The manager said I’d have to go through the roommates who ARE living here next year. They would have to pay me the full $700 but they’re really cheap (example: 1 person will buy stuff like furniture/electronics, split up the costs evenly between us all and then keeps the goods for himself.) and I’m afraid they won’t pay me or will give me half of what I deserve. what happens if they decide to NOT pay me?
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4 Comments
March 27th, 2009 at 2:32 pm
I don’t know what state you live in but I would definitely check your state laws about this. For example in my state, WA, they have to deposit your money into a trust acct. and when one person leaves and wants their part of the deposit back they have to give it to them.
March 28th, 2009 at 8:23 am
I believe the landlord/property manager is correct. As a landlord, my lease has a security deposit assigned to it. It was a single security deposit against a single lease that had multiple persons on the lease. The security deposit is for the property being returned to me in good condition. If the lease is still in effect, why would I turn the security deposit back. Just to make sure of this, in my lease I state that if a roommate leaves it is the responsibility of the remaining roommates to handle the return of that individuals deposit back to them.
There is one way I can see you getting you money back from the landlord. If you paid your security deposit separately to the landlord and received a receipt for only your portion of the security deposit then you would have a legal argument that you are leaving so what you paid separately should be returned to you. if one of the roommates collected all the money and turned it over to the landlord in one lump sum then i don’t think you will have a leg to stand on. It will be a single deposit and the lease will still be in effect, even if you aren’t part of it any longer.
either way, good luck with it!
March 28th, 2009 at 10:03 pm
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March 31st, 2009 at 9:34 am
I have to disagree with Patrick. If the original lease has ended and you are not renewing then your contract with the landlord has terminated and you are owed the deposit. If the other three want to renew, then they should be effectively signing a new lease and making up the difference in the deposit. You had a contract with the landlord, not your roommates. Take him to small claims if you need to.