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TerriDLowe · Aug 3, 2009, 11:46 AM

I leased a home with my boyfriend 10 months ago for one year. We split the rent and deposit 1/2 each. He moved out 3 weeks ago. He wants his security deposit back now.

1. When the lease is up, can he legally get off the lease and demand his deposit back when I'm still in the home and we have no way of assessing the repairs, etc?

2. What if I don't have the money to cover his half if the landlord requires me to do so in order to stay in the home? Can they evict me?

3. Is he legally obligated to pay me back 1/2 of the rent for the months he was living in the home but I paid for all of it?

4. Is he legally obligated to pay 1/2 of the rent from now until the end of the lease?

Please help. I'm a single mom with two daughters and he says he's taking me to small claims if I don't give him all the money now.

Thanks,
Terri

AK lawyer · Aug 3, 2009, 11:58 AM

Originally Posted by TerriDLowe

I1. When the lease is up, can he legally get off the lease and demand his deposit back when I'm still in the home and we have no way of assessing the repairs, etc?

Yes. When the current lease expires, you would ask the landlord for the deposit, less repairs, etc. He would be entitled to that, less what he owes you for back rent.

Originally Posted by TerriDLowe

2. What if I don't have the money to cover his half if the landlord requires me to do so in order to stay in the home? Can they evict me?

The LL probably won't refund the deposit until the end of the lease. If you want to extend the lease, you will need to pay a new deposit.

Originally Posted by TerriDLowe

3. Is he legally obligated to pay me back 1/2 of the rent for the months he was living in the home but I paid for all of it?

Sure.

Originally Posted by TerriDLowe

4. Is he legally obligated to pay 1/2 of the rent from now until the end of the lease?

Absolutely.

Originally Posted by TerriDLowe

he says he's taking me to small claims if I don't give him all the money now.

For him to sue you before the lease is up would be premature. You don't owe him any of the deposit until the lease is up and you have received it. Then he will only be entiled to his share of what is paid back, less his unpaid share of rent.

So, if he does take you to small claims court, you should counter-claiim for his share of the past due rent he owes. He is not entilted to any of the deposit until the end of the lease and both of you have moved out.

TerriDLowe · Aug 3, 2009, 12:42 PM

Thank you. So let me ask a couple more questions if you don't mind.

What if I don't move out when the lease is up and go month to month? Then what are his rights? Does he have to wait until I move out? Is he still obligated for 1/2 of the rent?

Can I counter-claim for past rent or current rent if it is not past due?

Terri

TerriDLowe · Aug 4, 2009, 11:55 AM

What if I don't move out of my house when the lease is up and go month to month, what are the rights of the other person who originally leased with me but doesn't live there any more?

Does he have to wait until I move out to get his deposit back or can he legally demand the landlord to end the lease?

Is he obligated to reimburse me for 1/2 of the rent that he has not paid for the last 6 months?

AK lawyer · Aug 4, 2009, 12:06 PM

Originally Posted by TerriDLowe

What if I don't move out when the lease is up and go month to month? Then what are his rights? Does he have to wait until I move out? Is he still obligated for 1/2 of the rent?

No, he is entitled to his share of the deposit refund, less what he owes you for rent payments, at the end of the lease term. But it isn't the LL's job to sort this out. They will probably just cut a check to both of you and let you figure out how to divide it.

Originally Posted by TerriDLowe

Can I counter-claim for past rent or current rent if it is not past due?

Probably just past due rent, actually.

I see you started another thread. The people who run this board discourage that practice.

AK lawyer · Aug 4, 2009, 12:08 PM

Duplicate thread. Answered here.

ScottGem · Aug 4, 2009, 12:41 PM

First, please do not start a new thread for a follow-up question, I've merged your threads for you.

First, if your boyfriend signed the lease along with you, then it is likely you are both separately responsible for the rental. This means that the full rental has to be paid to the landlord. On the other hand he is responsible to you for the rent until the end of the lease. So you can sue him for the rental he owes.

If you can't pay the rent, the landlord can evict. Unless the lease specifies that you are only responsible for half the rent (unlikely) then you are responsible for all of it.

I would love to watch him tell a judge:

Your honor, I moved out but she won't return my share of the deposit. Please award me that amount.

You then tell the judge:

Your Honor, its true I haven't returned the deposit. But it is because I don't have it. He moved out prior to the end of the lease without proper notification. The landlord won't return the deposit until we return the apartment to him. Plus he left me holding the bag for his share of the rent until the end of the lease.

The judge is going to side with you all the way on this, at least that's my opinion.

As for staying past the lease expiration, I would not suggest it. You want a new lease with his name off it.

TerriDLowe · Aug 4, 2009, 01:42 PM

Thanks Scott. A few more questions:

1. What is "proper notification" he needed to do when he moved out? He did write the landlord but never copied me on it nor did the landlord.

2. How long after he moved out do I have to file a suit to get my half of the rent he owes me?

4. Would I be better off waiting until he files (if he ever does) or doing it myself?

5. What if I don't have the money to cover his half of the deposit to re-lease the house?

4. How do we determine the "move out" costs for his reimbursement of the deposit when I am staying in the home?

ScottGem · Aug 4, 2009, 01:47 PM

1. Generally 30 days notice is required. Did the landlord accept his termination of residence? If he did, then this might be considered a breach and allow you to move out early.

2. This is a harder question. Generally you can't sue for something that happens in the future. So you might have to wait until after the lease expires. However, if he's foolish enough to sue you, then you countersue and reserve the right to sue for additional amounts.

3. Yes I think you should wait until he files or the lease expires

4. If you can't afford the rent, explain this to the landlord. If he released your boyfriend, then he should be willing to let you move as soon aqs you can find a new place.

5. If you do stay and take over the lease, then you would have to asses any damages he did or rental owed. You would then send him an itemized statement. I would look at what it would cost to put the unit back to the condition when you moved in (except normal wear and tear)