Security Deposit?!?! (MD) (1 Viewer)

[David-S]

Hi,
(Note: I'm not asking for legal advice, just past experience)

My girlfriend is in a lease with a roomate, and this relationship is no longer congenial... (They hate each other)... Now, the roomate is renewing the lease, my girlfriend is moving out.

The apartment complex says that they cannot return the security deposit, and then recharge one, because the roomate is not vacating... it's their position that they need to handle this "between the roomates"...

My g/f got a letter saying "All parties on the lease must vacate the apt before any security deposits will be returned"...

I'm not sure where the exact lease is, but the language about the security deposit said that it will be returned when "The renter" moves out... does this count as plural too??

We figured that since the parties to the lease won't be the same, a new contract would have to be drawn up, and this would change the security deposit... are we wrong, or is the complex??

Any ideas would be appreciated...

 

[Holadem]

The roommate who is staying must "buy" her part of the security from the person leaving, i.e., the roommate owes your girlfriend her part of the deposit, not the landlord. As far as the landlord is concerned, this isn't a new lease, but a change to an existing lease. Security deposit stays the same.

--
Holadem

 

[Win Joy Jr]

If your girlfriend is on the lease, and the roommate is renewing it solo, then it is a NEW contract, and your girlfriend is entitled to her portion of the deposit back.

Sounds like the leasing office is being lazy.

 

[David-S]

Yeah, we were thinking along the lines of Win Joy... After all, isn't the lease a contract between all THREE parties, so if any of the parties leaves, there must be a new contract?

as an example, they said that if BOTH roomates didn't sign the "roomate release" agreement, they would try and hold my girlfriend liable for any past-due rent AFTER her original lease ended, when in fact she had announced her intent to vacate almost 2 months ago... This just doesn't seem to make sense, I was just wondering if anybody knew if it was legal... :frowning:

 

[Leila Dougan]

The question I have is if the lease has women as actual leasees, not the roomate as the leasee and your gf an approved resident. And another question: are they actually under a lease or going month to month?

If they are under a lease and they are both leasees, then the complex will not give back the deposit to your gf. For example, if the lease is for 12 months and your gf is moving out after 8 months, then the complex won't write a whole new lease until after the 12 months. They may take your gf's name off of it, but they won't refund the deposit until after the 12 months. That is, unless they want to pay the early termination fee and have the roomate get a whole new lease. In this case, the roomate should pay your gf's share of the deposit.

If they are month to month, then it shouldn't be much trouble to get a whole new lease for just the roomate. In that case, the deposit will be refunded but the roomate will enter into another 12 month contract period. It depends on the complex, but most won't let her continue month to month.

If your gf is just an approved resident, then the complex doesn't have to refund the deposit until the roomate leaves or moves to a new unit. In this case, the roomate has to pay your gf her share of the deposit.

 

[David-S]

They are both on the original lease, my girlfriend has completed the full 12 months of the original lease...

As far as i know the roomate is renewing for another 1 year lease, w/out my girlfriend...

 

[Prentice Cotham]

I once moved apartments within the same complex requiring a new lease. I had to pay the security deposit again for the new apt while they refunded the old deposit 3 weeks later. I would think in your situation this is a completely new lease, not a renewal so the deposit should be refunded.

 

[Leila Dougan]

David, in this case I would also agree that the complex should refund the deposit. It should be mailed out 30 days after this lease is terminated and the roomate should give your gf half.

Keep in mind, though, that this could get a little tricky especially because they hate each other. Generally the complex will send a check that is made out to both parties and the check will need both signatures to be cashed.

 

[MikeAlletto]

Since its the same apartment but one roommate is leaving I would think the one staying would have to buy out the one that is leaving. Then when the one staying eventually leaves she would (hopefully) get the full deposit back from the apartment complex. Since if the one staying were to change apartments she would have to offer up a full deposit on her own. The lease is not a new lease but a modification of names only.

It is a roommate thing. To the complex at least one of the original renters is staying so the deposit stays. After that its up to the roommates to decide how to split the deposit.

You could say that the apartment could give the full deposit back and then the roommates split it and then the one staying has to cough up the full deposit back. But why go through all that trouble when the end amount is exactly the same?

Initial $100 deposit. $50 by each roommate. Now one moves out. The one staying gives $50 to the one leaving. The one staying now owns the full apt deposit and when they move out they will now get $100 back instead of $50 because they bought out the other roommate.

Or, the apartment gives $100 back to the roommates. They split it, $50 each. Roommate moves out. Now one staying pays $100 back to apt. Its exactly the same thing just more of a hassle.

 

[Lee L]

I'm no lawyer but I agree that the complex should handle this as a completely new rental. How are they renewing this girls lease if your g/f was on it before? If they renew the original lease your g/f will still be on the thing, if they are taking your g/f off they are writing a new lease, it is just that simple. They should check the condition of the apartment, give the deposit money back as a joint check made out to both your g/f and the roommate and charge a new deposit to the roommate.

 

[Chris Lockwood]

My advice is don't share an apartment with someone you hate. :b

 

[Holadem]

My girlfriend is in a lease with a roomate, and this relationship is no longer congenial... (They hate each other)... Now, the roomate is renewing the lease, my girlfriend is moving out.

Are you sure this isn't an excuse to move in with you?

Stranger things have happened...

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Holadem