[LisaB4657]

We'll have to get back to you on whether or not the prior roomate signed a new lease. This is what was supposed to happen and what they said would, but we don't know if it ever did.

If the roommate signed a new lease then there's your written proof.

[N0help4u]

The OP - I asked them why my name was on the bill when I had been off the lease for 2 months, they said because we both put in the deposit, so I was getting charged 2 months after I was off the lease.

What sort of documents would prove that we had moved out? Other than a letter from us to them stating that we were moving, which does not exist. Are receipts such as a U-haul
receipt admissable, how about documentation from our new landlord stating when we moved into our new residence, how about witnesses who knew when we moved and saw us move, the roomate who stayed will also confirm that we moved out and that he is solely responsible for the damages.

Are some of what I took to mean that it seems to be questionable on their legal acknowledged by the landlord move out date.

[LisaB4657]

The OP - I asked them why my name was on the bill when I had been off the lease for 2 months, they said because we both put in the deposit, so I was getting charged 2 months after I was off the lease.

Quote:
Originally Posted by nicolemeiers
What sort of documents would prove that we had moved out? Other than a letter from us to them stating that we were moving, which does not exist. Are receipts such as a U-haul
Receipt admissible, how about documentation from our new landlord stating when we moved into our new residence, how about witnesses who knew when we moved and saw us move, the roommate who stayed will also confirm that we moved out and that he is solely responsible for the damages.

Are some of what I took to mean that it seems to be questionable on their legal acknowledged by the landlord move out date.

I see. But if the OP can show a written lease between the landlord and the roommate that was signed after the OP moved out, and if that lease does not list the OP as a tenant or occupant, then the landlord can't hold the OP responsible for any damages.

[N0help4u]

Exactly what I mean too many 'if's'

[froggy7]

Sorry, Nohelp4u, but I disagree with this one. If the OP's lease term ended, and if the lease didn't require notice that the OP was not renewing, and if the OP can prove they moved out, then the landlord was required to return the deposit or provide a written accounting of it within 30 days. If they don't provide it within that time period then they're not entitled to keep any of it.

I always understood that the deposit went with the apartment, not the person. So, if one roommate moved out, and one stayed, wouldn't it be up to the roommate that stayed to give back the other roommate's deposit, not the landlord? Unless, of course, the landlord did an entirely new lease with just the remaining roommate, and got a new deposit from that roommate. Which sounds like it didn't happen, which seems to be the root of this problem.

Would the landlord be correct in thinking that, if there was no notice given, and the tenant's name is still on the lease, that the new roomie was subletting from the old tenant, and thus be able to hold the tenant responsible for the damages and rent?

All of which goes to point out why documentation is so important when dealing with legal issues!

[LisaB4657]

I always understood that the deposit went with the apartment, not the person. So, if one roommate moved out, and one stayed, wouldn't it be up to the roommate that stayed to give back the other roommate's deposit, not the landlord? Unless, of course, the landlord did an entirely new lease with just the remaining roommate, and got a new deposit from that roommate. Which sounds like it didn't happen, which seems to be the root of this problem.

Exactly. The OP was willing to transfer their share of the deposit over to the roommate.

Would the landlord be correct in thinking that, if there was no notice given, and the tenant's name is still on the lease, that the new roomie was subletting from the old tenant, and thus be able to hold the tenant responsible for the damages and rent?

Maybe. But in this case the tenant's name wasn't on the lease anymore. According to the info we were given the OP's name was removed from the lease and there was a new lease between the landlord and the roommate. The question is whether the new lease was written or verbal.

All of which goes to point out why documentation is so important when dealing with legal issues!

You can never have enough paper. :)

[nicolemeiers]

Thank you for all the help everyone. You are all right, the root of this problem was simply a lack of paperwork coupled with too many verbal agreements. Mistakes I will not make in the future when renting, however since we were new to renting we did make these mistakes. I believe I can resolve the issue with a copy of our leasing agreement, (oh by the way the lease with the roommate ( the 'new' lease ) was only verbal) but I am afraid if I request one from the landlord that he will see this as an opportunity to falsify documents to his favor. Is there any way I can get a copy of this without going through him? (probably not) Or perhaps some way to ensure that I get an undoctored copy? ( short of going to his residence and taking it, I've got enough problems already without be and e )

[N0help4u]

Does your roommate have a copy of the original?