Need advice please: I am the sole tenant on a 13th month lease.

I am the sole tenant on a 13th month lease. My roommate is listed as an occupant because at the time of the lease signing his credit was not good enough to be a tenant. The occupant decided he wants to leave the apartment 2 months before the lease is up. He gave 30 days notice but is demanding his portion of the security deposit on the day he moves out in full amount. There are some damages in the apartment that I think will be deducted by the landlord when the lease is up and I want to deduct some money from his deposit accordingly.

First question- Do I have to give him full deposit back on the day he moves out?

Second question- As the sole tenant, do I have the right to deduct his security deposit as I see fitting?

[sunlover]

Ok first off who did he pay deposit to you or landlord?

I had to front all the money for the deposit b/c he did not have the funds on him. Therefore he wrote me a check directly.

[sunlover]

Ok but that wasnt my question. If teh deposit went to landlord then its up to landlord to return deposit not you. That wont happen until tenancy ends

yes. The full deposit is being held in a an account by the landlord, not by me (the tenant). What he is demanding is for me to give him his portion of the deposit back in advance, therefore having me front his portion before all damages, etc are deducted by the landlord when the lease is up.

To verify since it is the landlord who is holding the deposit and not me (the sole tenant) I do not have the responsibility to advance him his portion on the day he moves out?

Thanks for your help.

[sunlover]

You are correct