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- Have been in the same house with roommates for several years and we are month to month on a lease that was originally one year. The four of us signed the lease together.
- I am going to give them and our landlord a 30 day notice that I am moving out
- I do not want to be on the lease anymore, so I am not willing to sublease
- I want my security deposit back
Question:
What is the best way to handle this? I am going to tell my roommates and my landlord that I am moving out and not renewing my month-to-month portion of the lease. Does that, in effect, mean that we are not renewing th lease and that he is required to return my deposit (and thus requiring my roommates to sign a new lease, should he require). Or do we all three have to agree to not renew the lease?
I am far from an expert, and hopefully someone else will speak up to assist, but normally anything "month to month" is just that - month to month - there is no renewing involved. If you leave, can the landlord make them resign? Maybe - but what do you care?
How was the security deposit paid?
Did each of you contribute an equal amount, or did just one of you pay the whole amount to the landlord, then collected the equal amounts from each roommate?
The landlord is only concerned with the total amount of the security.
That security is to cover damage to the unit.
I don't think the landlord will be returning any security until the unit is vacated by all tenants.
If you want your share of the security back, you will have to get your roommates to return it to you.
What ever amount they pay to you, they will get back from the landlord when they vacate.
Bob.
CALGUY is correct. They will have no issue, most likely, with letting you off the lease. However, the security deposit was paid to cover costs after the unit was vacated. If all the tenants leave, they will look at the security deposit. If only you leave, the landlord still has the right to keep the security deposit as it was with the premises. Your best bet is to try to get it from the roommates.
Also, never hurts to ask the LL...he may want to redo the whole lease with the 2 that are left and MAY agree to give you back your portion of the deposit. But guessing not.
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