WORLD Law Direct Forums  





Go Back   WORLD Law Direct Forums > Real Estate & Property Law > Landlord vs Tenant Issues
REGISTER FAQ SEARCH Today's Posts Mark Forums Read
Personal Lawyer Legal Forms Calendar

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

Security Deposit return

Consult Your Own Personal Lawyer Now!
Reply
AddThis Feed Button
 
Thread Tools Search this Thread Rate Thread Display Modes
Old Jul 10th, 2008, 10:22 AM     #1
Unregistered
 
Unregistered's Avatar
 
Posts: n/a

Cool Security Deposit return

Tenant recently moved out and is asking for a return of a security deposit which they never paid since they took over the apt. from friends who paid the actual security but never asked for it when they left. The security amount was left on the lease. The last tenant may or may not have paid their friends the security money. Is this last tenant entitled to security refund?
  Reply With Quote
Sponsored Links
Powered by U.S. Legal Forms
Old Jul 11th, 2008, 01:42 PM     #2
Unregistered
 
Unregistered's Avatar
 
Posts: n/a

Default Re: Security Deposit return

No. The deposit should have been retuined to the former tenants when they vacated according to your state law. You should have requested a new deposit from these tenants. Did these tenants take over, as in a sublet, from the others? If so, the first tenants have the deposit coming to them as the unit they rented is now vacant.
  Reply With Quote
Old Jul 14th, 2008, 11:56 AM     #3
Unregistered
 
Unregistered's Avatar
 
Posts: n/a

Cool Re: Security Deposit return

The last tenant signed a lease with me ( landlord ) to rent the apt.; it was never a sublet situation. Just that the original tenants did not ask for security return. Now last tenant states he paid the former tenant security and I asked for proof of that of course. Also what if the original tenant asked for security return at this point?
  Reply With Quote
Old Jul 15th, 2008, 08:14 AM     #4
Unregistered
 
Unregistered's Avatar
 
Posts: n/a

Default Re: Security Deposit return

If you signed a lease with this tenant, why didn't you refund the former tenants' deposit and collect a new one from this tenant? You can't return this deposit to him because he never paid you a deposit. You have no way of knowing of any side agreements between these tenants, do you? You would have to contact the old tenants and get a signed letter saying they transferred their deposit to this tenant before you could legally release it to him. They should have given you this when they left. If you knew of the deposit transfer, you should have asked for it at that time.

Normally, a deposit only stays with the LL in a sublease situation. All others should have the deposit refunded after inspection (and deductions for damages caused by their tenancy), just prior to the new tenant taking occupancy. When you signed that new lease, you terminated the lease from the former tenants, and were supposed to have refunded their deposit at that time. Why didn't you? Get ahold of those former tenants ASAP.
  Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

Add Forum to Google Toolbar | Format Your Messages

Posting Rules

Similar Threads
Thread Thread Starter Forum Replies Last Post
Landlord filing bankruptcy & won't return deposit Unregistered Landlord vs Tenant Issues 2 Oct 17th, 2008 12:40 AM
Deposit return after cancellation of lease Unregistered Landlord vs Tenant Issues 1 Jul 15th, 2008 10:23 AM
Unusual Lease/Failure to Return Deposit Situation - Help? Anon1234 Landlord vs Tenant Issues 2 May 22nd, 2008 05:21 PM
Issue with deposit return. Unregistered Landlord vs Tenant Issues 3 Sep 12th, 2007 01:48 PM
Never Moved In, Deposit Return? Unregistered Landlord vs Tenant Issues 2 Jul 30th, 2007 12:34 AM


All times are GMT -5. The time now is 01:18 AM.


Powered by U.S. Legal Forms

Subscribe

Use of the Forums is subject to our Disclaimer which prohibits unapproved advertisements, solicitations or other commercial messages, and false, harassing or abusive statements. All postings reflect the views of the author but become the property of WORLD Law Direct.

Questions and information submitted in the Forums are assumed inquiries for general information and not legal advice.

Copyright 2000-2008 by WORLDLawDirect.com, Inc.