Hello,

I am brand new to this site and just have one question. I appreciate any and all help.

I took over a lease for someone in June 2007. She had signed a one year lease and wanted out 2 months later. I took over for her and she said that she did not want her security deposit back.

Two weeks ago, she called me and told me that she wants her security deposit back. Management told her that the original $600 deposit she made has been transferred over into my name. Thus, she must seek the $600 from me.

I obviously, do NOT want to pay. We had a verbal agreement that I never had to pay her back.

I do not want to end up in small claims court. But I don't want to pay her either.

Any advice?

Thank you.

If you don't want to pay, don't, if she wants to sue you, she can, and the court will decide.

If the tenant damaged anything or didn't follow the contract (like say if you said no dogs and they had a dog there) but if nothing was damaged and nothing needs to be replaced then you have to pay it back to them. Ive moved about 7 times in my life and I'm only 16 so I know a little bit about this...
But consult with a lawyer to make sure...

Quote:

---

Originally Posted by chatterbox636

Hello,

I am brand new to this site and just have one question. I appreciate any and all help.

I took over a lease for someone in June 2007. She had signed a one year lease and wanted out 2 months later. I took over for her and she said that she did not want her security deposit back.

Two weeks ago, she called me and told me that she wants her security deposit back. Management told her that the original $600 deposit she made has been transferred over into my name. Thus, she must seek the $600 from me.

I obviously, do NOT want to pay. We had a verbal agreement that I never had to pay her back.

I do not want to end up in small claims court. But I don't want to pay her either.

Any advice?

Thank you.

---

If it goes to court you're going to lose. Since you took over her lease, the landlord is now crediting you with the security deposit. They will return the $600 to you when you eventually move out. As long as she didn't cause any damage she was entitled to the return of the deposit as soon as you received confirmation from the landlord that it had been transferred to your name.

If you go to court and tell the judge "she said she didn't want it" and she tells the judge "no I didn't", the chances are very high that the judge will believe her and not you. Then she will have a judgment against you, which will go on your credit report, and she will have the right to attach your bank account or garnish your wages.

Your other option is to reach an agreement with her. Maybe you can pay her $50 a month for a year. Or maybe you can write an agreement with her where you will give her the security back when the landlord returns it to you after you eventually move out.