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Old 09-06-2016, 04:02 PM
 
1 posts, read 634 times
Reputation: 10

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So I had added someone on my lease to take over a place I could no longer afford. The lease ended in September 2016 and I was removed from the lease, however she choose to remain there and had the lease switched over to just her name. I had did all the right things (submitted my 30 day notice) and when I asked for them to forward my deposit (I had paid the move in) I was told that because there is someone still occupying the unit (although I am no longer on the lease) they wont return my deposit to me but to her when she decides to move out. IWAS STUNNED because I had paid for the deposit not her! I called legal aid and was told they are in the right. Besides small claims court...I don't what to do..that is $875 that I'm going to be assed out of
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Old 09-06-2016, 04:16 PM
 
Location: Portland OR / Honolulu HI
959 posts, read 1,216,768 times
Reputation: 1870
Quote:
Originally Posted by sigh.. View Post
So I had added someone on my lease to take over a place I could no longer afford. The lease ended in September 2016 and I was removed from the lease, however she choose to remain there and had the lease switched over to just her name. I had did all the right things (submitted my 30 day notice) and when I asked for them to forward my deposit (I had paid the move in) I was told that because there is someone still occupying the unit (although I am no longer on the lease) they wont return my deposit to me but to her when she decides to move out. IWAS STUNNED because I had paid for the deposit not her! I called legal aid and was told they are in the right. Besides small claims court...I don't what to do..that is $875 that I'm going to be assed out of
You needed to work out the deposit with the person to whom you transferred the lease. It should have been done before you signed her on. At this point, you can ask her if she will give you the deposit $$ since yours is now payable to her when the lease ends.

If she does not agree to give it to you, then you are likely "assed out", to use your term.
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Old 09-06-2016, 04:54 PM
 
Location: SF Bay & Diamond Head
1,776 posts, read 1,873,796 times
Reputation: 1981
The landlord needs to return the deposit to the person that gave then the deposit unless you signed off on it in the sublease. When the lease ended the landlord should have made the reconciliation of the deposit.
The new lease would address the new tenants deposit unless you gave up control of the deposit in some of the paperwork. You should make a demand for the deposit now because any damage can be deducted from your deposit unless you can prove it was done after your lease.

Small claims is pretty easy if you have to take that route.
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Old 09-06-2016, 05:46 PM
 
2,095 posts, read 1,560,083 times
Reputation: 2300
I would make sure to have all relevant documentation. I'm assuming you paid the deposit with a check. Bank statement and cancelled check are necessary here.
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Old 09-06-2016, 07:03 PM
 
Location: Kahala
12,120 posts, read 17,920,952 times
Reputation: 6176
What legal aid told might be correct (or not) - it would be useful if they could point you to the relevant statute.

I'd appeal to the person who got on the lease with you to do the right thing. Alternatively, filing small claims is easy and cheap, I'm not sure if you sue her or the landlord - and if you'll win or not, but you'll have your day in court.
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Old 09-06-2016, 08:10 PM
 
589 posts, read 391,026 times
Reputation: 241
you get it when she moves out-- calm down. your old lease was transfereed, terms were also transferred. have a mai tai!


having said that morally n etically you should get money back NOW!
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Old 09-06-2016, 08:27 PM
 
Location: SF Bay & Diamond Head
1,776 posts, read 1,873,796 times
Reputation: 1981
Quote:
Originally Posted by whtviper1 View Post
What legal aid told might be correct (or not) - it would be useful if they could point you to the relevant statute.
I can't imagine anyone saying they were not entitled to their deposit when the lease ended AND a new lease was started with a new person. A landlord could agree to a subtenant and still hold the original tenant responsible and even hold the deposit but once the lease ended the deposit HAS to be addressed and the landlord cannot keep the prior tenants deposit while writing a new lease that excludes her from the property.
Now we don't know if she might have signed off on it but this is landlord 101. For sure you return the deposit to the maker and in the case of multiple tenants such as husband and wife you make that check out to Mr. AND Mrs. Any problem later they can have a judge decide without the landlord being involved. If you do just to MR. then Mrs can well bring the landlord to court and make him explain where her money is and if Mr. is long gone you are probably on the hook.

She should make written demand for her deposit after making sure she did not agree in writing to give it away.
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