Washington DC Sublease and security deposit

[jduval22]

Is a landlord entitled to a second security deposit from a tenant in a sublet arrangement?

 

[army judge]

Is a landlord entitled to a second security deposit from a tenant in a sublet arrangement?

Is the landlord trying to sublet, or are you, the tenant; attempting to sublet?

Does the lease allow you to sublet?

Or, are you the person attempting to sublet from the tenant?

 

[jduval22]

I am subletting. The lease allows it and the landlord has approved it.

 

[army judge]

I am subletting. The lease allows it and the landlord has approved it.

Here is what DC law says about security deposits.

I see no prohibition about collecting such deposits from tenants who sublet.

If you think it is unfair, just don't sublet the unit.

It protects the tenant, the landlord, and you.

Note what DC requires a landlord to do with the deposit.

However, I'd get everything (including the deposit) in writing.

Most Washington, DC landlords require tenants to pay a security deposit when they move in. In DC a landlord cannot charge you more than one month's rent as a security deposit, and it can only be collected once. The landlord must give you, in writing, the terms of your security deposit. Keep your copy, and be sure to get a receipt.

In the District of Columbia, the landlord must put your security deposit into an account that earns passbook value for a year. This interest must be given to you when you move if you have lived in the unit at least 12 months. Within 45 days after you move out, the landlord must either return all your security deposit plus interest or notify you in writing that all or part of the deposit will be used to cover expenses. The landlord must send you an itemized list of any repairs or expenses that are taken out of the security deposit. After the first notification, the landlord must return the balance of your deposit, if any, within 30 days.

Specific Instructions For Washington, DC​

* Before signing your lease, inspect the property with the landlord and a witness. Write down all existing damages. Both you and the landlord should sign and date the list. You may also want to videotape or take photographs to document. This list will prevent the landlord from trying to charge you for these damages when you move out. You may also use a Walk Through Form.
* At least 30 days before you intend to vacate, you should send a letter to the landlord telling them when you are leaving. Keep a copy for your files. If you must move without giving the usual notice, get the landlord to agree in writing to let you move out early. Otherwise the landlord may keep your deposit for inadequate notice.

* The landlord must inspect your rental unit within three days before or three days after you move. Notice of this inspection must be sent to you at least ten days before the inspection. You have the right to be present at the inspection.
* If the landlord does not inspect before you leave, you should compile your own list of damages. Take photos and get a friend to act as a witness. If the landlord tries to keep part of your security deposit, you then should be able to prove that the damage occurred after you left.
* Leave your forwarding address with the landlord.

http://www.rentlaw.com/dep/dcdeposit.htm

 

[jduval22]

thanks very much for your help

 

[jduval22]

In rereading your answer, I think that I was unclear.

I am the tenant, looking to sublet my apartment to another person. My landlord wants to collect and hold a security deposit from both of us. Is that permitted by law?

 

[army judge]

In rereading your answer, I think that I was unclear.

I am the tenant, looking to sublet my apartment to another person. My landlord wants to collect and hold a security deposit from both of us. Is that permitted by law?

Why would you object to the person you sublet to having to pay a deposit?

It only protects YOU, if they damage the unit.

Besides, there are very strict rules for deposits.

Deposit money must be kept in an interest bearing account in DC, and you can't use it.

Is your potential "tenant" a friend, lover, or relative?

Trust me, its in YOUR best interest to let them pay a deposit.

It protects YOU, if they cause damages.

In fact, you should think long and hard about subletting.

These things rarely go as you expect them to go.

They end in disputes at least half of the time.

Most people sublet because they have poor credit, have been evicted in the past, or have LOW incomes.

There is a reason they can't get apartments in their own name.

There is a reason they are willing to use your credit and name at no or low risk to them!

You're taking a big risk by letting them into your life.

Even if it is a lover, there are risks the relationship won't work.

At least 50% of marriages fail, don't you think relationships fail at a higher rate?

 

[jduval22]

I don't object. However, the landlord wants a deposit from both of us. He is already holding one from me. It seems excessive that the landlord is entitled to hold two 1 month security deposits from two people to cover the same period of time, for the same apartment.

 

[army judge]

I don't object. However, the landlord wants a deposit from both of us. He is already holding one from me. It seems excessive that the landlord is entitled to hold two 1 month security deposits from two people to cover the same period of time, for the same apartment.

Ah, now I see, said the blind man.

No, read the law I gave you above.

He can only hold one deposit from you.

But, do you want to "queer" your deal for the benefit of someone else?

If this is causing you trouble with your landlord, do you need this confusion?