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My roommate and I have agreed we do not want to live together. I want to sign forms with the landlord to take my name off the lease, which the landlord agreed to do, because my relationship with my roommate has become toxic. We used to be very good friends so I originally paid the entire $2,000 deposit on a $1,500/month room. My roommate and I are both the only signers on the lease.
There are two months remaining on the lease but I cannot stand to be in the same house as my roommate. I offered for them to just take the entire deposit to pay for my remaining rent, which would more than cover it. They verbally agreed to do so but are now backing out of that agreement and is demanding I pay them rent by the first or they will sue me.
In an agreement between the landlord and the tenant, the landlord cannot take rent from the security deposit, but what about in a relationship between tenant and tenant? Since I paid for the entire deposit, can that be accepted as payment for rent between roommates? Would I still responsible for rent?
We are currently up to date on rent payments. My roommate has paid the second to last month's rent in full (one of the last two remaining months on the lease) and I told them to take my half from the deposit but they are still demanding I pay that month's rent. I have been living with a friend the past month.
Depending what state you live in you can't do that. The deposit, in most cases, is to cover any damage to the property only, not rent. Your contact might have verbally said it was ok at first but I'm sure their legal team told them no. What if the property has $2000 in damage? Then they can't take the rent out of the deposit because there isn't anything left. If your place is nice and clean then you have nothing to worry about. But you have to follow procedure and pay your rent on time then wait for the refund of your deposit.
Tread carefully... if you paid the whole deposit and haven't been living there for the last month (and, it sounds like you don't plan to live there again before the lease expires), you may be surprised by how much damage is being done. Your roommate isn't going to be out anything for any damage and you aren't there to make sure things aren't being ruined.
As for the rent...unfortunately, you are responsible for your 1/2 the rent and that can't be taken out of the deposit.
It will be a nasty surprise if your roomie tells you that they will take care of your part of the rent and don't... suddenly, you find that your LL wants all your back rent that you didn't pay as well as your whole deposit plus some.
I want to sign forms with the landlord to take my name off the lease, which the landlord agreed to do
There are two months remaining on the lease
My roommate and I are both the only signers on the lease.
OK... Q:who (and how) would pay the remaining two months rent?
Quote:
I offered for them to just take the entire deposit to pay for my remaining rent
They verbally agreed to do so but are now backing out of that...
If it isn't in writing it didn't happen
Quote:
In an agreement between the landlord and the tenant, the landlord cannot take rent from the security deposit, but what about in a relationship between tenant and tenant?
The SD money doesn't belong to the other tenant.
Quote:
Since I paid for the entire deposit, can that be accepted as payment for rent between roommates? Would I still responsible for rent?
Rent and SD... are not the same thing and should NEVER be used one for the other.
"Never the twain shall meet"
You're starting from scratch:
The SD gets refunded AFTER everyone has left and any damages (including any unpaid rent)
have been evaluated and calculated. This accounting usually happens within 30 days of vacating.
Until the apt is vacated... rent will continue to be due to the LL.
The best you can hope for is to have the roomie pay you back for the deposit (now)...
and then hope to recover that from the LL later and of course pay all the rent due until then.
That isn't likely to happen.
My roommate and I have agreed we do not want to live together. I want to sign forms with the landlord to take my name off the lease, which the landlord agreed to do, because my relationship with my roommate has become toxic. We used to be very good friends so I originally paid the entire $2,000 deposit on a $1,500/month room. My roommate and I are both the only signers on the lease.
There are two months remaining on the lease but I cannot stand to be in the same house as my roommate. I offered for them to just take the entire deposit to pay for my remaining rent, which would more than cover it. They verbally agreed to do so but are now backing out of that agreement and is demanding I pay them rent by the first or they will sue me.
In an agreement between the landlord and the tenant, the landlord cannot take rent from the security deposit, but what about in a relationship between tenant and tenant? Since I paid for the entire deposit, can that be accepted as payment for rent between roommates? Would I still responsible for rent?
We are currently up to date on rent payments. My roommate has paid the second to last month's rent in full (one of the last two remaining months on the lease) and I told them to take my half from the deposit but they are still demanding I pay that month's rent. I have been living with a friend the past month.
When did they verbally agree to accept the deposit in lieu of the rent?? If it was like last month, and now they are reneging ...I think that would be a good argument if they did try to sue you. I have seen cases where verbal agreements can be upheld. Plus, you have already moved out, you said last month...Why would you be expected to pay for last month, or next month..ludicrous...Because if I remember correctly, last month...they were supposed to give you back your half of the security, (in actuality, the whole security you paid) if the house was in decent shape upon your moving...I believe I saw it on this forum somewhere. You could always file a response if they try to sue you...and sue them for your full deposit back...$2000
I would certainly write them a certified letter, reiterating the verbal agreement you struck w/ them when you left. I'd get return receipt requested and certified. mail..make yourself a copy also. I wouldn't text, or respond except in that certified letter. Keep any texts, or written or phone messages they send you...save for your evidence...If they take you to court, use that....and all your records of paying and the rent you've paid, and the full original security deposit...Which in essence should be all yours...but you are more than less letting them keep that...$2000 is a lot..more than compensation IMO..I think you should just get your papers ready in case....but move on. These are my opinions.
Last edited by JanND; 10-31-2012 at 08:48 PM..
Reason: edit text
IF your roommate is willing to give you his/her owed half of the security deposit OR acknowledge in writing that you did in fact pay the whole security deposit and acknowledges that this should be returned to you at lease end, I'd suggest you get in there and take a bunch of dated photographs of the place and, if possible, have the landlord do a walk-through with you at that time to note any present damages which need to be taken care of.
As has been said, the LL isn't legally bound to let you out of the lease nor use the security deposit to cover any rent payments. IF the LL is willing to take you off the lease it would have to be with the assent of your roommate. If you can't work this out with your roommate I'm afraid you're pretty much stuck with your obligations under the lease.
In an agreement between the landlord and the tenant, the landlord cannot take rent from the security deposit, but what about in a relationship between tenant and tenant?
But who has the deposit? The LL?
How can the other tenant pay the rent with the deposit if the LL has the money?
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.
Yeah, I'm following this story. You paid the full deposit up front. Now you are getting removed from the lease, so at move out time, the roommate will get your full deposit back, rather than you. So rather than him paying you for the deposit now, and you paying him for the rent, you are wanting to just call it a wash and walk away with neither party owing the other anything. Sounds like the perfect solution to me. In fact assuming your share of the rent is 1/2, you would be paying him $2000 in exchange for you not paying your $750 rent. He would come out far ahead. Have you explained this to him? I would jump all over that deal if it were me.
My guess, though, is that he doesn't have the $750 extra for rent to pay it now, and didn't think about that fact when he agreed to it up front.
Unfortunately, the only alternative for you is to pay the $750 and when the roommate finally moves out, if he doesn't give you your deposit back at that time, you can take him to small claims court. Hopefully you took photos of condition when you moved out.
To other posters, the OP isn't asking for the rent to come out of their deposit, they are asking the roommate to pay their share of rent in exchange for the roommate getting the deposit refund at move out. Nothing is being deducted from deposit as far as the LL is concerned.
Certainly one unknown in this equation is if there will be any deductions to the security deposit.
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