Security Deposit Roommate Dispute

[JessicaAnneW]

Hi,

I am a tenant and my roommate is on the lease in an apartment building in Virginia. When my roommate wanted to renew the 12 month contract I told her I couldn't commit and would do a month to month. As part of the agreement I had to give 30 days notice of when I am vacating and she also took an extra month's rent from me in case she could not find someone in 30 days. This would be used for the next month's rent after I left.

I have given her OVER 30 days notice and my sister who has similar interests and personality as me expressed interest in moving into my apartment the month after I leave. My roommate said that due to her father's illness she can't commit to someone else moving into the apartment as she might not continue her lease.

As part of the agreement it states that she has to look for a roommate and if she finds someone, I have to be reimbursed my extra month's rent. My sister is a suitable candidate and she rejected her. Does this mean I can sue her to get my money back? She went back on her claim that she was not looking for a roommate when I asked for my money back and she said she is in fact looking for a roommate that will understand her situation with her father. I sent her an e-mail saying that my sister is still interested and understands her situation but she still would not accept my sister. My sister stated she could do month to month or pay her four months advance rent (the remainder of the lease), but my roommate still refuses.

What are my rights as a tenant? Also, since I am on a month to month rent agreement, was it legal for her to take an extra month's rent to begin with? This extra month's rent was not intended to be used for the last month that I have lived there, but for the month after I moved out in case she didn't find anyone.

Very Respectfully,

Jessica Wilson

 

[mightymoose]

First off, she didn't take an extra month's rent from you... You gave it to her and did not have to.

You can attempt to recover your loss through small claims if the two of you can't work it out. If the agreements are in writing you might have a shot.

If it has reached that point, and if you have already moved out, give her 10 days notice that you intend to go to small claims. Sometimes the that of action is enough to get people to come clean. If you haven't actually moved out yet then wait until you have.

 

[Michael Wechsler]

I think that mighty moose provided a good answer to you to get you what you should - although I'd also have a few additional questions.

Who is the landlord? I'm having a difficult time understanding and it would seem that your roommate may also be the landlord and/or her father. If she is a co-tenant, do you have such an agreement with her? If the landlord has the security deposit, then that is the party to seek return of the money since you'd have an agreement with the landlord that you aren't renewing and would need to send 30 days notice to the landlord. Assuming that the roommate is also the landlord of the premises, I'd do the same as mighty moose. You may also want to discuss with her your intention of going to small claims court. If it gets there and it turns out that she didn't have the right to rent the room, she may have significant trouble from the housing department. That would be something that I'd be sure she'd want to avoid and might be a good talking point, done tactfully.