tenant vs. tenant

[amtekinc]

My daughter was rooming with 3 other college students in a home that one of them leased from the landlord. She paid what was said to be a security deposit. After a couple of months, a conflict developed between her and the person who actually signed the lease. She was asked to move out and is doing so. She is paid up through October 15. The other two tenants have threatened to throw her belongings out in the trash if she doesn't have them out by this time. The person who signed the lease, refuses to give her security deposit back until his lease is up, even though she was asked to leave. He says they will keep it until a spot her dog left on the carpet is completely removed and a piece of lawn is repaired. This was not a cleaning deposit. Because this person is the only one who signed the original lease, does this effectively make him a landlord? Can he keep this security deposit? Can they trash her belongings after October 15? do we have any recourse in small claims court? She has signed no lease or any agreement. The pet was allowed with no conditions. She signed no lease.

 

[neoplop]

The tenant who signed the lease has effectively entered into a sub-leasing verbal agreement with your daughter. So yes, this makes him a landlord. Check the tenant law in your state that applies to situations when no written lease exists. This will dictate the procedure for the refund of deposits. The same law will provide for eviction rules and the disposition of a tenant's property.

Thus said, if the damage was done by your daughter's dog, she needs to repair it or pay for it, regardless of the argument over getting kicked out, but her responsibility is to the property owner.