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STT Resident: The landlord and roommate have agreed to sign papers to take me off the lease. The roommate said they'd give me the deposit after I'm off the lease, but I'm worried my roommate won't give me back my deposit in this case. Then I'm out $750 for rent AND $2000 for the deposit.
manderly6: Yes, the landlord is currently holding the deposit, but my roommate agreed to pay the entire rent once I'm off the lease.
Then it's relatively simple. Before you're taken off the lease you get written and notarized confirmation from the roommate that he/she has given you the security deposit owed and that you have no further obligation under the lease agreement. That way you're free and clear. You're off the lease and are in no way responsible for any further action.
Lacerta: You're exactly right. Once I take my name off the lease, the entire $2000 deposit would be payable to my roommate. Instead of paying my roommate my portion of the rent now, I want them to just claim the rights to the entire deposit. They originally verbally agreed to this arrangement but are now backing out.
The apartment is very clean, so I am not very concerned about deductions. Currently, my roommate is demanding rent now and threatening to sue if I don't pay. They also said they will pay me the security deposit after I completely move out, but I don't trust them.
If you are already willing to pay your share of the remaining rent, why not just keep your name on the lease if that would give you a better shot and getting your portion of the security deposit back? What exactly are you gaining by being removed from the lease?
You signed a lease obligating you to the full terms of that contract for its duration. Until it is legally ammended in writing, the existing lease takes precident over any verbal agreements you thought you had. You probably have nothing in writing regarding your agreements with the roommate, so even if you went to small claims court they will expect you to fulfill your half of the obligations on the lease. In fact, if your roommate were to default on the lease and the landlord thought it would would be easier to get the money out of you, they would be entitled to sue you for any unpaid rent and damages.
In most states it is not acceptable to withhold last months rent out of a security deposit, you have zero legal grounds for doing so with your roommate. Your best legal course of action is to pay your half of the rent each month directly to the landlord and notify them that you request your half of the deposit be mailed to you when the other tenant moves out.
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