My roommate and I are both on the lease. Our first year is up and lease is month to month. We do not get along so I am moving. (He asked me to leave too) I notified the landlord I wanted to term lease and move. Landlord will not term unless we both do. Told me, He would not give me my deposit because he cannot properly inspect house if we both do not move. Do I have any recourse to get my deposit from the landlord or my roommate?

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Originally Posted by danpearce

My roommate and I are both on the lease. Our first year is up and lease is month to month. We do not get along so I am moving. (He asked me to leave too) I notified the landlord I wanted to term lease and move. Landlord will not term unless we both do. Told me, He would not give me my deposit because he cannot properly inspect house if we both do not move. Do I have any recourse to get my deposit from the landlord or my roommate?

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Yes. You wait until the premises is vacated and then sue either the landlord (if it's not returned) or your roommate (if it is returned) for your share.

The deposit doesn't come into play until the property is vacated and there is or isn't damage.

You don't need your landlord's permission to move if you are month-to-month. You give notice within the same time frame you pay rent (usually one month) and move.