Can my landlords legally take the security deposit from my sublessor?

Question

I rent a house and have been given permission to rent out a room. I have already had one roommate but she just moved out, so I found another roommate. My landlords just informed me that they get the security deposit from my new roommate, reason being that they are the landlords. I personally don't trust them holding onto that money and am pretty sure that legally my sublessor has no finiancial responsibility to the landlords. As long as the landlords get there monthly rent from me and I take care of any damage my roommate may cause things should be fine, right?

Answer 1

Yes, you are correct. The sublessor is your tenant, not the landlord's. If you have previously deposited the correct amount of security with you landlord, then he doesn't have the right to hold additional security deposit. Also, you should be aware that any damage done by your sublessor is your responsibility. Make sure you and your sublessor sign a sub-lease agreement which you can find at many stationery stores. You are the lessor and your tenant is the lessee.

Answer 2

ALL STATE LAWS ARE DIFFERENT. I am a landlord. I hold the deposit, but most give a receipt stating [for damage deposit only ,from a sub-leaser.] You are responsible for any damage done since you are the main leasee. You will be held liable and will be the one who is first sued. If you landlord has a lease that the sub-leaser signed, yes, she is due the deposit and she is responsible for returning it or being sued herself. If she does not return the deposit and the sub-leaser can prove she did no damage, the judge will be very upset and she will have to pay the court cost. If you leave owing money or if you damage beyond normal wear and tear, the landlord can and will likely hold the deposit. Look at your contract. it should specify for your state who is to hold the deposit and where and how it is to be held. My state requires i hold it in a different bank account than my own and that the money can not be used by me. [as i am the ll]

Answer 3

Tell him to take a look at the lease. If it doesn't spell out what he's saying, then he has no right to ask to hold the money.

Answer 4

Since your LL has given you permission to sub-let, YOU are the LL for the sub-tenant and YOU hold their security deposit. (You are already covered with your LL by YOUR security deposit that your LL is holding.)

Tell your LL to pound sand, he doesn't know what he's talking about.

Answer 5

Depends on how this is outlined in your lease with your landlord. If it states in your lease that they get the deposit, then you have no recourse.