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Home > Law > Real Estate Law   »   Question re:roommates and security deposits

 
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Old Jul 27, 2006, 06:51 AM
Sudaca
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Question re:roommates and security deposits

My roommate gave me a 2 1/2 week, verbal notice of leaving the apartment, and now is demanding her share of the security deposit on the last day of this month (both of our names are on the lease, which is month-to-month).

My question is: does the 30 day rule for landlords apply to me? is she entitled to get it back?

any help would be appreciated!

thanx

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Old Jul 27, 2006, 08:09 AM   #2  
RickJ
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Tell the roommate to go fly a kite. If you are both willing to move, then give the landlord the proper notice and split what is returned to you. If you plan to stay, then let your current roommate know you'll return half of what you get back when you move out.

You don't have to give her anything at this point.
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Old Jul 27, 2006, 08:17 AM   #3  
Dr D
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It is not your responsibility nor right to release your room mate from the lease, or refund their half of the security deposit. That belongs to the landlord. The landlord will most likely not agree to a release and refund, unless the room mate is replaced by another co-tenant acceptable to the landlord, and substitution of the 1/2 security deposit by you or ne new co-tenant. If your room mate leaves you unable to pay the full rent by yourself, the landlord can sue both of you. If your room mate doesn't care about their credit and/or is uncollectable in case of a judgment you're screwed. Never enter into any joint financial obligation with another person, unless you know that person VERY well. Good luck.

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RickJ agrees: Exactly.
excon agrees: The doctor is right on.
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Old Jul 28, 2006, 12:08 AM   #4  
Thomas1970
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I agree. I learned the hard way with my first roommate. Not only did he rack up considerable bills on the utilities in my name. Upon moving out, I was informed by the landlord that he himself had neither ever received my security deposit, nor the last month's rent, from my roommate who disappeared without a trace one day. I trusted him to relay such, but in the end, I came home to a relatively bare apartment one afternoon.
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Old Jul 28, 2006, 06:47 AM   #5  
Sudaca
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Yeah, i thought so
thank you very much!
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Old Jul 28, 2006, 09:21 AM   #6  
excon
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Hello Sudaca:

Everybody's got it.

However, I would present it to her in simpler and less threatening terms. Tell her that YOU and SHE are co-tenants. HER agreement is with the LANDLORD, not with you. Additionally, it's the LANDLORD who has the deposit, not you. So, if the LANDLORD wants to let her out of her lease, then she should talk to the LANDLORD, not you.

Generally, reason used on the unreasonable is an exercise in futility. However, one must try, mustn’t one?

excon

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phillysteakandcheese agrees: Well put.
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