I'm moving out of my apartment--err, I did, yesterday. I lived there with two other guys for a year. Anyways, the landlord told me that he's missing rent for two months from Jordan, one of our "apartmates." Only him, those two checks. The landlord says he can withhold our security rent that we paid at the beginning of lease. We signed contracts individually, we paid rent individually, and we paid the security deposit individually. Can the landlord withhold all of our security deposits just because of one apartmate?
2006-08-21 03:22:25 · 7 answers · asked by euges116 3 in Politics & Government ➔ Law & Ethics
Interesting. you may have a case. The management company or individual should never rent one apartment without making all occupants part of the lease as a whole. Sounds like they've created an accounting nightmare. If you did sign the lease that states your part as a sole renter, then yes they must return your security deposit. However, if you are all on the same lease its questionable.
2006-08-21 03:33:21 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Yes, he can. I bet if you look closely at your lease it says that you will be responsible if one of your other lessors doesn't pony up his rent.
Just because you paid him individually, signed separate leases, etc. doesn't negate your responsibility to pay the rent for the apartment. Landlords ALWAYS make every party sign a separate lease. That is so that they can protect themselves against exactly what happened in your situation.
You should go after the monies owed to the landlord from your "friend" who didn't keep up his end of the contract.
2006-08-21 03:36:55 · answer #2 · answered by Lodiju 3 · 0⤊ 0⤋
If the contracts you signed were individual and didn't in anyway include any of the other participants, no, the landlord can't with hold everyone's money, just that of the one person who hasn't paid. If the three of you are connected contractually, then you're going to need a professional opinion. I recommend that you get one anyway.
2006-08-21 04:04:48 · answer #3 · answered by quietwalker 5 · 0⤊ 0⤋
In the future, always live out your last month's rent. Also, when you move to a new place, make a list of ALL the things wrong with your place and put it on the lease.
2006-08-21 03:48:40 · answer #4 · answered by Made in America 7 · 0⤊ 0⤋
Read what you signed. You are most likely liable under the theory of joint and several liability. It means he can keep your money and if you want it back you need to go after your deadbeat apartment-mate. This is very typical of leases. Sorry to tell you but it sounds as if you are SOL, to use a technical term.
You can go after Jordan. Good luck!
2006-08-21 03:37:21 · answer #5 · answered by C B 6 · 0⤊ 0⤋
If you each paid seperate deposits, only the one from Jordan should be retained. As long as you are in "good standing" you should be ok.
2006-08-21 03:30:47 · answer #6 · answered by kj 7 · 1⤊ 0⤋
no take him to small claims court.make sure you photo copy your contracts.
2006-08-21 03:28:28 · answer #7 · answered by tysgrandma99 4 · 1⤊ 0⤋