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Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

Want security deposit!

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Old Mar 28th, 2008, 11:17 AM     #1
Lena
 
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EEK! Want security deposit!

It's a funny situation:

My roommate came yelliong at me and said, "if you can't keep the place clean, then move out!" (I tried but, she's got expectations that I could not keep up with)
So within two weeks, I looked for a place. Now she's saying that if I move out NOW that I do NOT get my deposit back because she's losing money for months to come. ?!? (I am not under the building's lease. I am under one that she made up and we signed). It expires two months later, but says nothing about advanced notice for anything. If I clear out, (did not damage anything here) I deserve the security deposit back, right??

Thanks so much!!
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Old Mar 28th, 2008, 01:53 PM     #2
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Default Re: Want security deposit!

What was the term or length of the lease you signed with her? You do not need to be on the building's lease. She is the official tenant of the building. You are the subtenant due to the lease you signed with her. This is a standard way to sublet from a tenant.

When does your lease expire? You must honor that lease or risk losing not only your deposit, but the money for the rent until she gets the unit (room) re-rented.

Additionally, if you have a lease, she cannot just give you notice to vacate and move out because you don't keep it as clean as she would like. She needs to give you written notice of a specific lease violation and then give you the correct notice to move out (IN WRITING). She can't give you any notice to leave verbally. If cleanliness is not a lease clause, she can't give you notice to move. You are entitled to stay as long as the lease is in effect and you pay the rent and don't violate the lease. If this is the case, give notice 30 days before the lease expires that you will be moving out, then leave on the last day of the lease. In the meantime, ignore her complaints.

If your agreement is a month to month agreement, either party may give written notice to vacate 30 days later. If you are on a m2, you may give this notice, pay for the rent for that month (30 day notice period), then move out without further obligation.

It sounds to me like you have a lease that expires 2 months from now. I'd continue to live there, paying rent as required, and ignoring her complaints until the lease expires. Give at least 30 days of notice, in writing, that you will be vacating at the end of the lease. Leave the unit clean and return your keys on the last day, along with a forwarding address (in writing) to send your deposit to you within your state's time period.
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Old Mar 28th, 2008, 08:46 PM     #3
Lena
 
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Default Re: Want security deposit!

Thank you very very much. Yes, as much as I'd love to move out, it looks like I would be losing money on it. I guess I'll just stick it through!
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