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    jmarran's Avatar
    jmarran Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Sep 24, 2008, 06:48 PM
    Return of Security Deposit (South Carolina)
    Hello all.

    An ex-boyfriend of mine and I rented an apartment in SC. The security deposit was in "his name", even though I paid for half of it. After 3 months, we split up, and he moved to Seattle. I stayed for another 3 years or so.

    Now, I have moved back to Buffalo, NY... and my ex-landlord has given me the security deposit back-no problem there. The problem is that my ex-boyfriend wants this money. What are my options? Since he left, and left me with the entire rent, shouldn't I be allowed to keep all of the deposit/ He basically abandoned me!

    Thanks

    Anna
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
    Ultra Member
    		  
    #2

    Sep 25, 2008, 07:07 AM

    What does the lease say regarding the return of the security deposit? Does it say to whom it will be returned?

    Did his name stay on the lease all this time, or when you renewed was a new document drawn up w/out his name?

    I believe that legally if he paid half the deposit, he's entitled to half of it back. The amount of time that has passed has no bearing on the case. The deposit is held, to be used for damages, if there are any. It's not something you "earned" his share of because he's gone.

    I'm just not sure if his case would be against you, for half of it. Or against the landlord who may have not returned it properly.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Sep 25, 2008, 08:17 AM

    Whose name was the lease in? I think you have a case to keep the money on the grounds that he broke the lease by moving out.

    So I would keep it and tell him to sue you for it. But that if he does, you will countersue for his share of the rent for the term of the lease.
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