All Forum Posts by: George Aroush

In January, the remaining tenant covered both his portion and the portion of the tenant who left. If, for February, he only pays his share, can I use the security deposit of the tenant who moved out to cover the unpaid portion of the rent?

If so, what happens in March, April, and beyond? If the remaining tenant stops paying in full, would I initiate the eviction process for both tenants?

I have a unit rented to two roommates. Out of the blue, one of them gave only two weeks' notice via email that he would be moving out at the end of December 2024 -- and he did. He removed all his belongings and left the keys in the office mailbox. This left the remaining roommate in a difficult situation, and he is now trying to find a new roommate.

I have informed both tenants that they are equally bound to the 12-month lease agreement and that rent must be paid in full, regardless of one tenant moving out. For January, the remaining roommate covered both his portion and the share of the one who moved out. He plans to do the same for February, as he has not yet found a replacement (and I have reminded him that any new roommate must go through my vetting process). However, I am unsure of what will happen for March and beyond.

Now, the roommate who moved out is requesting the return of his security deposit. My question is: Am I obligated to return it? I don’t believe so, as he effectively breached the lease. For context, each tenant has a separate security deposit escrow account.