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Updated over 8 years ago on . Most recent reply
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Security Deposit Return/Roommates
Had a young couple move-in to one of our apartments. She bailed after 3 months. Luckily, he was able to find a roommate. ( he went through our application process etc. and was passed all criteria)
I use a lease that states 'All tenants if more than one, are jointly and severally liable for the full amount of any payments due under this agreement'.
I am trying to figure out what to do about the SD. My gut tells me I should not refund her half the deposit back. I feel like the SD stays with the lease. Is that correct?
On another note, she asked me for her half, and I told her that she should contact her EX and new roommate and that I felt they would make things right with her. Which I think they will. I only want to get involved if I have too. IE: force the new tenant to pay half, then give her half back.
What have you guys done in the past in this situation? I want to be fair to everyone involved.
Most Popular Reply
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Normal practice is Security Deposit stays on apartment per original lease.
Was she mutually permitted to sign off the lease.. If not then this should be done,, and that mutual roommate termination agreement usually states the security deposit remains on the apartment. and by signing it she relinquishes any claim. So the roommate that stays or the roommate that comes in usually sets it straight among themselves with the person leaving..
When you return deposit put it in both names one check they'll need to both sign to deposit it and you won't have to worry about whose is whose