I'm taking over for a friend's space in his apartment when his current lease ends. My understanding is that they are renewing the same terms as the old lease. I have already filled out and signed a "change of renter" form, or whatever it was called, in which I gave all my personal info for a background check etc. and noted under "security deposit" that it was my belief that it would be transferred from the previous tenant (which is what he told me). I have read the old lease, but the document I signed didn't come with a new lease, if in fact it's changed.

My question: What do I need to do/be aware of? I'm pretty clear, having read some posts in this forum, on what I would need to do when signing a new lease (how to document the condition of the place for the security deposit, etc.) Do I need to get notice of transfer of security deposit in writing? I assume the security deposit is one of those "jointly and severally" things -- how does that affect me, since the other occupants are staying on?

What else do I need to be aware of / get in writing / document?

Thanks very much.

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Originally Posted by gwillen

I'm taking over for a friend's space in his apartment when his current lease ends. My understanding is that they are renewing the same terms as the old lease. I have already filled out and signed a "change of renter" form, or whatever it was called, in which I gave all my personal info for a background check etc., and noted under "security deposit" that it was my belief that it would be transferred from the previous tenant (which is what he told me). I have read the old lease, but the document I signed didn't come with a new lease, if in fact it's changed.

My question: What do I need to do/be aware of? I'm pretty clear, having read some posts in this forum, on what I would need to do when signing a new lease (how to document the condition of the place for the security deposit, etc.) Do I need to get notice of transfer of security deposit in writing? I assume the security deposit is one of those "jointly and severally" things -- how does that affect me, since the other occupants are staying on?

What else do I need to be aware of / get in writing / document?

Thanks very much.

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Request a copy of the lease under which you will be residing. Be sure the landlord does a complete walk through and that any damages are accounted for before you take possession. If the lease is already on-going, you may be asked to initial and date each page of the lease. Be sure you have read the lease carefully. There should be an obvious mention of the security deposit, how much it is, who gave the security deposit, when and to whom the security deposit is to be returned. The landlord SHOULD return the initial security deposit and then collect the security from the individuals listed on the active lease. Money passed between tenants rather than the landlord is always confusing and difficult to prove. Make notes on the lease of any decisions mutually made between the tenants and the landlord. Nothing should be verbal... write it down and everyone initial and date everything.

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Originally Posted by landlord advocate

There should be an obvious mention of the security deposit, how much it is, who gave the security deposit, when and to whom the security deposit is to be returned. The landlord SHOULD return the initial security deposit and then collect the security from the individuals listed on the active lease. Money passed between tenants rather than the landlord is always confusing and difficult to prove.

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Would it be sufficient to just get the landlord to document in writing that the deposit was transferred to me? Once that's done I don't see that there would be any need to prove later that I paid the previous tenant -- that's a private matter between him and me, right?

Thanks for your prompt reply.

Yes everything in writing, basically everywhere you use the words, "to many understand" "I beleive" and the such, it means you are not clear and it is not in writing. You want everything spelled out exactly