My lease term ends on the 31st of this month. My roommate, who cosigned with me, wants to stay on the property. Our relationship ended on bad terms and I have already moved out, and unless I relinquished my deposit to her, she cannot stay on the property (according to the lease). The management company first sent me and her an email stating that she had to move out or I had to relinquish my deposit (which I chose not to).
Now, after seeking communication with the company to clarify everything in writing that she will be out, they wrote me back saying that she will be staying on the property and signing a new lease with them. The broker will be doing a walk through on the 1st and will assess damages to determine security deposit refund (with her belongings still at the property).
This breaks addenda 33, 36.2, 37 and 38. I live in Texas and am not sure what to do. The property company is breaking the lease without any consent from me and no 30 day notice in writing to changes.
Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
9y
you could ask to be there during the walk thru, otherwise i've done walk thru for tenants that split up and the one stays,, usually benefits the tenant that leaves as a really extensive cleaning isn't expected because one of the tenants is staying. They'll refund your half of deposit to you and retain her half and then she would be required to come up with the balance of her half for the full deposit..
My lease term ends on the 31st of this month. My roommate, who cosigned with me, wants to stay on the property. Our relationship ended on bad terms and I have already moved out, and unless I relinquished my deposit to her, she cannot stay on the property (according to the lease). The management company first sent me and her an email stating that she had to move out or I had to relinquish my deposit (which I chose not to).
Now, after seeking communication with the company to clarify everything in writing that she will be out, they wrote me back saying that she will be staying on the property and signing a new lease with them. The broker will be doing a walk through on the 1st and will assess damages to determine security deposit refund (with her belongings still at the property).
This breaks addenda 33, 36.2, 37 and 38. I live in Texas and am not sure what to do. The property company is breaking the lease without any consent from me and no 30 day notice in writing to changes.
Wondering what my rights are as a tenant?
I think it sounds as though the property management company is just going to treat it as though the two of you moved out, and she is the next tenant moving in. IF they do a walk thru, and they are comfortable returning deposits to the both of you (assuming she pays one back separately), then I guess I don't see the issue. Am I missing something?
Residential Real Estate Broker · Cartersville, GA · Member since 2015 · 575 posts · 581 votes
9y
So it's not really possible to perform a proper move out inspection when someone still occupies the property (nor do I think TX law allows for that) however if they are going to try and do one then so what? The only issue to you is if they come back and say you are responsible for damages in which case you need to figure out how to move forward.
Unless the landlord is an amateur then the lease language would make you both jointly and severally liable for any damages so wait it out and see if what they come up with is legit or not. If they say you owe some stupid amount then you move forward with the violations of the terms of the lease and the inability to perform a move out while parties still occupy. If they come back with something legit like a huge hole in the wall then you deal with it.
Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
9y
you could ask to be there during the walk thru, otherwise i've done walk thru for tenants that split up and the one stays,, usually benefits the tenant that leaves as a really extensive cleaning isn't expected because one of the tenants is staying. They'll refund your half of deposit to you and retain her half and then she would be required to come up with the balance of her half for the full deposit..
My lease term ends on the 31st of this month. My roommate, who cosigned with me, wants to stay on the property. Our relationship ended on bad terms and I have already moved out, and unless I relinquished my deposit to her, she cannot stay on the property (according to the lease). The management company first sent me and her an email stating that she had to move out or I had to relinquish my deposit (which I chose not to).
Now, after seeking communication with the company to clarify everything in writing that she will be out, they wrote me back saying that she will be staying on the property and signing a new lease with them. The broker will be doing a walk through on the 1st and will assess damages to determine security deposit refund (with her belongings still at the property).
This breaks addenda 33, 36.2, 37 and 38. I live in Texas and am not sure what to do. The property company is breaking the lease without any consent from me and no 30 day notice in writing to changes.
Wondering what my rights are as a tenant?
ONe thing to mention read your lease, there will be an approved method for notifying the landlord of your new address. Invoke it, make sure they have your address. At that point they have the address, they have 30 days to send you your check and the itemized deductions.
After that, you can demand refund of your deposit, or take the landlord to court for three times the amount you are owed.
Eustis, FL · Member since 2017 · 96 posts · 6 votes
9y
Relinquishing your Security Deposit is unenforceable. I don't care what their lease says.
Your term appears to end at the end of the month so the LL/PM wants to do a move out inspection it would seem. Noting irregular here. The ex-roomate is entitled to stay, under a new lease (without your security deposit funds) if the LL permits. Get clarification, in writing, and do not agree to any surrender any funds from the security deposit until move out inspection is complete and final.
The claim against the security deposit is the oldest LL/PM cash grab in existence. In my state of FL, I do my part to object within the timeline and demand a full refund. They never refund. I end communication and institute my cause of action to adjudicate my right to the security deposit. I always get 3x the amount back.