Ask Experts Questions for FREE Help !
Ask
    jayem13's Avatar
    jayem13 Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 9, 2011, 12:10 PM
    Tenant broke lease and replacement roommate issues.
    A roommate broke their 12 month lease when deciding to move back home, they paid the rent until a replacement roommate was found. Replacement roommate was found but no paperwork/subleasing/new roommate agreement was formally documented. The lease was carried over to additional 12 month lease along with their security deposit. Their was never an assessment of damages and returned deposit they just automatically carried the previous deposit over. At the end of the 2nd 12 month lease due to property damage the entire deposit was kept by the reality company. The original tenant that signed the lease that found a replacement roommate and never documented this replacement is now wanting their full deposit back. The orignal tenant lived there roughly 6 months and did cause some of the damages but majority of the damages were after he moved out according to him. The original tenant is demanding his full security deposit back after none of the deposits were returned, does he have any legal standing to be owed that money? Because the way it was handled with him leaving six months in and the deposit being carried over the true amount he originally would have been returned is unknown. What is the best way to handle this situation?
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #2

    Feb 9, 2011, 03:29 PM

    Where do you live? Most state have renter laws that require a specific time frame for a landlord to return the deposit. We can't tell exactly who you are in this story, are you the LL or the other roommate?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #3

    Feb 9, 2011, 04:45 PM
    Quote Originally Posted by jayem13 View Post
    ... What is the best way to handle this situation?
    The "original" tenant doesn't have a claim against the landlord other than possibly claiming that the total damages now assessed against the deposit are excessive. He would sue the replacement room-mate, who is in effect his sub-tenant.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

How to Evict Roommate that broke Roommate Agreement Lease? [ 3 Answers ]

I am on a month to month lease with my landlord for 6 years now, he says technically no lease though? I have a roommate that moved in 5 months ago that is being uncooperative and broke written rules in "our" roommate agreement contract. I am trying to get her to move out but she will not, talked...

How do you take action against a roommate who broke lease [ 1 Answers ]

I moved in with my roommate in Jan of 2008. In Jan of 2010 she decided to quit her job, move out and go back to school leaving me to handle bills that we were both responsible for. Due to a pay cut I couldn't handle all the bills on my own and I eventually moved with a friend. After explaining the...

Roommate broke lease [ 2 Answers ]

I had a room mate in Florida who decided to move out of our 1 year lease after only two months into the lease. The landlord already said we lost our deposit, I am staying at the residency but was wondering what the legal time frame was that she has to give? She gave me less then 1 months notice,...

Tenant on lease wants 'evict' his roommate . [ 2 Answers ]

We have a tenant that has a roommate (his brother) that is supposed to pay rent too. I understand the tenant is responsible for paying the rent since he is the one on the lease however he wants his bro to move out because he is not paying his share. We want the person on the lease to stay but...


View more questions Search