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I moved out of my apartment four months ago. The lease ended on July 31 and my roommate never moved out. Therefore, we haven't gotten our security deposit back. She's not returning my phone calls, and clearly I'm owed my share of the deposit. I'm no longer on the lease. How can I get that money back?

2006-09-17 14:58:26 · 5 answers · asked by Elizabeth L J 3 in Business & Finance Renting & Real Estate

She's currently renting month-to-month at our old apartment, and she got another subletter. I never signed any extension of the lease or anything so there's no reason she should still have my money. Both our names are on the original lease, however, that expired on July 31.

2006-09-17 15:01:10 · update #1

5 answers

Your claim is with your former roommate, not your landlord. Ideally she should get the deposit from the new roommate and hand it over to you.

Although you are no longer in the apartment, you are STILL on the lease! It's continuing in force on a month-to-month basis and you are still liable for any damage to the property. This could go on for years unless you do something to put a stop to it. Even if your former roommate does give you your share of the deposit back, you may still be liable since your name is still on the lease.

You might try contacting the landlord and see if they will do an inspection and return your portion of the deposit to you and take your name off the lease. It would then be up to the current occupants to work out whatever agreement with the landlord as to rent, lease and deposit. Ask nicely, because the landlord is not under any obligation to do much of anything in this case as he or she has you by the shorthairs.

If this doesn't work out, seek legal counsel. You may need it.

2006-09-17 15:04:42 · answer #1 · answered by Bostonian In MO 7 · 0 0

Hmm, I hate situations like these. The decision you make will invariably depend on several factors. How much of a security deposit are you supposed to get back? If you are room mates, it should be half of the total deposit. Were you and your roommate close friends? Lets say the security deposit was $500. So you each pay $250. So you want her to pay you $250, so it will be as if she paid the entire 500 dollars. Aha. Here is what you do. When you do get ahold of her, have her let you know when she will be moving out, and have her give you half of whatever she gets back for the security deposit. If she is a good friend, she will offer you the correct portion; perhaps a little more since you will have lived their less.

2006-09-17 15:12:48 · answer #2 · answered by Casey 3 · 0 0

Usually the deposit stays until the apartment is vacant. If your roommate is not willing to pay you then make sure the landlord knows how to get it to you when she moves out. Word of advice, if you are still on the lease you will be held responsible for everything that goes on until she leaves, as much as that sucks.

2006-09-17 15:58:55 · answer #3 · answered by Anonymous · 0 0

Judge Mathis!! Actually until you both move or until the lease expire. If you moved out and she is still there the new tenants need to do their own Lease.Contact the apt owners and let them know you moved and if they don't give you your $$$ your roommate has to return your $$$ to you if she wants to stay there.Anytime you take your name of a lease and the roommate stays the owner pays you your $$ and add that to your ex-roommate rent.

2006-09-17 15:14:33 · answer #4 · answered by handicute2 2 · 0 0

sue her. Though that will probably cost you more then you will get from her. so really you can threaten to sue her and if that does not work you are screwed.

2006-09-17 15:01:59 · answer #5 · answered by thatoneguy 4 · 0 0

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