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I live in Texas. Last year I signed a lease with 2 other people. The lease ended Jan 31. I gave notice on December 3 that I would be moving out at the end of the lease. My other 2 roommates decided to renew.
I’m trying to get my deposit back. My landlord says that because the lease was renewed, he will not return my portion of the deposit until all 3 of us have moved out and that if I want my deposit now I need to work something out with my roommates. My roommates say that they won’t return my deposit because they don’t want to be responsible for damages that may be my responsibility. They did a walk through of my room and did not see any damages but the landlord refuses to do a walk through to confirm.
I don’t understand how they can withhold my deposit. I never signed the lease renewal and no one asked for my consent to renew. I have no idea how long they will continue to live on this property and they should not be able to hold my money indefinitely. It makes just as little sense for me to be responsible for damages that occur after I move out vs them being responsible for damages I may have committed. Furthermore, if they fail to pay rent my deposit would then be held even though I completed my obligations from my lease.
I am very frustrated and this seems like it should not be legal. Is there anything I can do to get my deposit back?
Do you have proof of your portion of the deposit paid to the land lord directly? If so, you should be entitled.
Check with a real estate attorney BUT from what I understand of rental rules in most places, when you lease ends they have a period of time to refund the lease. What should have happened is, your money is released and the old roomates and the landlord enter into a new lease without you on it and they make up any difference in the deposit. Once the contract changes its a new contract. You should ensure that you arent still listed on the lease.
If you have your written notice that you are moving as well as any follow up communication about it, you probably have a case in small claims to get your money back
Do you have proof of your portion of the deposit paid to the land lord directly? If so, you should be entitled.
Check with a real estate attorney BUT from what I understand of rental rules in most places, when you lease ends they have a period of time to refund the lease. What should have happened is, your money is released and the old roomates and the landlord enter into a new lease without you on it and they make up any difference in the deposit. Once the contract changes its a new contract. You should ensure that you arent still listed on the lease.
If you have your written notice that you are moving as well as any follow up communication about it, you probably have a case in small claims to get your money back
nope. Not normally how it works. While the OP doesn't feel it is fair, their deposit will not be refunded from the LL until all tenants move out. Don't like it? Don't sign leases with other people.
nope. Not normally how it works. While the OP doesn't feel it is fair, their deposit will not be refunded from the LL until all tenants move out. Don't like it? Don't sign leases with other people.
The share of the security deposit is probably too small to make attorney involvement worthwhile.
Hmm, well thanks. In all other aspects of life, when the contract changes you amend it or get a new contract. Is there any way he is still responsible for anything having to do with the apartment?
I live in Texas. Last year I signed a lease with 2 other people. The lease ended Jan 31. I gave notice on December 3 that I would be moving out at the end of the lease. My other 2 roommates decided to renew.
I’m trying to get my deposit back. My landlord says that because the lease was renewed, he will not return my portion of the deposit until all 3 of us have moved out and that if I want my deposit now I need to work something out with my roommates. My roommates say that they won’t return my deposit because they don’t want to be responsible for damages that may be my responsibility. They did a walk through of my room and did not see any damages but the landlord refuses to do a walk through to confirm.
I don’t understand how they can withhold my deposit. I never signed the lease renewal and no one asked for my consent to renew. I have no idea how long they will continue to live on this property and they should not be able to hold my money indefinitely. It makes just as little sense for me to be responsible for damages that occur after I move out vs them being responsible for damages I may have committed. Furthermore, if they fail to pay rent my deposit would then be held even though I completed my obligations from my lease.
I am very frustrated and this seems like it should not be legal. Is there anything I can do to get my deposit back?
Yes, you can take your roommates to small claims court. The landlord will not release the security deposit. This is between you and your roommates.
If OP did not sign the lease renewal agreement, how can the agreement be enforced against OP?
OP request a copy of the ratified renewal agreement. If it were me, I would need to see what the agreement says, if my former roommates forged my signature or if it’s missing my signature. Start pulling together your documents, build your case, and file in small claims.
It just doesn’t seem like they should be able to renew the lease and continue to hold me responsible without my consent or signature. At the end of this new lease do I have the authority to request that the landlord end the tenancy and return the full deposit to everyone, then collect a new one?
This issue is between you and your former roommates.
Hindsight is 20/20, but it would have been a good idea to write out an agreement on splitting the deposit when one person moves out.
Landlord's agreement is with the tenants of the apartment, jointly. Landlord has nothing to do with this situation.
Would the roommates be legally required to follow an agreement that we sign? Or is that just to make sure everyone is on the same page? I’m not going to be able to afford to live on my own any time soon so I need to know how to prevent this from happening in the future...
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