Roomate Security Deposit after 1 out of 3 roommates leave

[greensandiego]

I had a 1 year lease with 2 other girls. We all paid 1/3 of the security deposit at the signing of the lease (we each paid $1000). I gave my landlord more than 30 days notice before moving out and have an email stating that I wanted to terminate my portion of the lease at the end of it. The other 2 roommates decided to stay and find a 3rd person to replace me.

The third person they found cannot move in until more than 30 days after the termination of my lease. I emailed my landlord asking for my security deposit back because the law states that it has to be given to me within 21 days of the end of the lease. She then wrote me back saying that her agency does not get involved in security deposit issues because it was a jointly signed lease. All money issues need to be worked out between the roommates.

However, I am terminating my lease and a new lease is being formed. Does that not mean that the renting agency should give back $3000 and then collect a new $3000? Do I have any ground to stand on with this matter or am I at the decision of the other 2 girls in when they want to pay me. The issue has come up where they are now deciding to give me only a portion of my share back - they say that I only deserve $900 back out of the $1000. Are they legally allowed to do this? What if the 3rd person never pays the $1000 - am I going to lose my money because of their decision on a bad 3rd person? I feel like since I had in writing that I terminated my lease that I am entitled to some sort of legal rights.

 

[jacksgal]

Your problem is your roomates did not leave. This means the landlord cannot do a walkthrough or inspect for any damages he might deduct from deposit. Until the apartment has been vacated the landlord does not have to return deposit even though you left. This frequently happens with roomate situations

 

[mightymoose]

Are the two remaining roommates willing to pay you $500 each? That would solve your problem quick, and then they could figure out the mess when their own time comes.

That said, I think you actually have a decent argument to make with the leasing company. When you gave 30 days notice that original lease then came to an end. They should sign the two remaining roommates to a new lease.

The problem is that the leasing office doesn't know that the money was split 3 ways to begin with... so it will help if the remaining roomies sign a letter indicating how the money is to be divided that releases the leasing company of any wrongdoing by giving you the dough.