Security Deposit Who gets the security deposit?

[ans730]

I will try to make this easy to follow.
A&B moved into the apartment in 2008 and paid the security. In 2009, A moved out and her sister C took over and renewed the lease with B.
In 2010, B moved out 2 months before the end of the lease and D moved in. Lease was renewed with C&D.

C&D lived there for 2 years and when they moved out the security deposit was mailed to D.

A asked her sister C for the deposit. D, however, who painted the apartment back and cleaned to ensure the security deposit was returned feels she is entitled. Though she didn't pay, she did the work.

Who should get the deposit? The ones who paid or the ones who maintained.

 

[army judge]

Whoever feels entitled to it now will have to sue for its return. D wasn't entitled to it, but D has it.


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[mightymoose]

This often gets messy.
The landlord will not usually release a deposit until the apartment is vacated by everyone.
When A moved out she should have obtained her share of the deposit from B, who would then be owed the full deposit from the landlord.
When B moved out she should have obtained the full amount from C.
D's effort to clean the apartment does not entitle her to any amount of the deposit. The cleaning is expected, and any work done was voluntary.

If A wants her deposit back now she may be out of luck since it has been 3 years or more since she moved out, however if she is determined to take any action she could try small claims against D who, according to the information you give, never paid the deposit and had no entitlement to the refund.