Pls help! How can I get security deposit? (lease, tenant, rental)
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I am a roommate to the person whose name is on the lease so my name is not on the lease. I have decided to move out due to many reasons (most reasons dealt with the roommate). I found a different place that is half the rent of what I paid at this place. What are the next steps to recovering my security deposit? What are my rights if any? Another note is that we did not have any written agreements.
After talking to the landlord (it's a company), they said that my security deposit is up to the discretion of the other person. Can I legally demand the deposit back after 30 days?
Thanks in advance for any advice that you may have.
I am a roommate to the person whose name is on the lease so my name is not on the lease. I have decided to move out due to many reasons (most reasons dealt with the roommate). I found a different place that is half the rent of what I paid at this place. What are the next steps to recovering my security deposit? What are my rights if any? Another note is that we did not have any written agreements.
After talking to the landlord (it's a company), they said that my security deposit is up to the discretion of the other person. Can I legally demand the deposit back after 30 days?
Thanks in advance for any advice that you may have.
Based on the facts as stated, your roommate has an ethical and moral, but not a legally enforceable, obligation
Did you give your 30 day written notice that you would be vacating?
The landlord does not return any deposit money until the unit is vacant and has been returned to his possession. You'll have to get your deposit return from whichever tenant moves in and takes your place, or maybe wait until everyone moves out. Although if you aren't on the lease, the landlord isn't going to put your name on the refund check.
Make sure to give your roommate a written 30 day notice and also ask with that written notice that your sec dep (less any damages) be returned to you on your last day. Both you and the roommate should have ample time prior to your move-out to go through things and determine if there are any damages that may be deducted so there are no surprises.
You didn't mention your state so make sure to read up on your state's rental laws to make certain you are following everything according to the law and to also know what your rights are as well as what your roommate is required to do.
Oh you guys/girls are awesome with those quick replies.
Quote:
Originally Posted by Elke Mariotti
Based on the facts as stated, your roommate has an ethical and moral, but not a legally enforceable, obligation
Ask for it. Good luck!
So are you saying that legally he doesn't have to give me my security deposit back? The roommate says that he would like to wait until he has someone new come in to give me my security deposit. Fair enough but part of the reasons why I'm tired of living with this person is because he is lazy. So what if he takes his sweet time and waits say 2-3 months or even longer to find a replacement. Can I somehow get my money back from him after a 30 day written notice?
Make sure to give your roommate a written 30 day notice and also ask with that written notice that your sec dep (less any damages) be returned to you on your last day. Both you and the roommate should have ample time prior to your move-out to go through things and determine if there are any damages that may be deducted so there are no surprises.
You didn't mention your state so make sure to read up on your state's rental laws to make certain you are following everything according to the law and to also know what your rights are as well as what your roommate is required to do.
It seems like everyone is suggesting to give my roommate a written 30 day notice so that will be the very first thing I do next.
*I only gave him and the LL a verbal notice.
*I live in North Carolina. I found the page for the laws regarding Landlord and Tenant but it will take a lot of time to find more information about my situation.
[url=http://www.ncga.state.nc.us/gascripts/statutes/StatutesTOC.pl?Chapter=0042]North Carolina General Assembly - General Statutes - Chapter 42: Landlord and Tenant.[/url]
Oh you guys/girls are awesome with those quick replies.
So are you saying that legally he doesn't have to give me my security deposit back? The roommate says that he would like to wait until he has someone new come in to give me my security deposit. Fair enough but part of the reasons why I'm tired of living with this person is because he is lazy. So what if he takes his sweet time and waits say 2-3 months or even longer to find a replacement. Can I somehow get my money back from him after a 30 day written notice?
Legally he doesn't have to give you your money back, he can't be put in jail for it. All you can do is take him to small claims court. If you gave proper notice and did things the right way you may be able to get a judgement against him. You have to pay to file in court. If you win that amount is added to what he owes you. IF he's a deadbeat and doesn't want to pay you are out of luck and you wasted money in court.
Security deposits are a civil (money) matter so if they steal it, it's not considered a crime.
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