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Getting Security Deposit from Substitute Tenant

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  • 08-28-2013, 12:04 AM
    lys
    Getting Security Deposit from Substitute Tenant
    My question involves landlord-tenant law in the State of: CA

    I lived in an apartment close by a university where the landlord refuses to return any amount of the security deposit until all of the tenants have vacated the property. When the unit has been completely vacated, the remainder of the security deposit (once damage charges have been deducted) is written out to all of those whose names are on the lease.

    I have moved out of the apartment (which is shared by three other tenants) and my name has been replaced on the apartment lease by a new tenant; however, the new tenant has failed to uphold his/her verbal agreement of reimbursing me for my share of the security deposit that I paid the landlord upon my move-in. Am I still entitled to receiving my security deposit back even though my name is no longer on the lease? Is it likely that I would win the case if I were to sue the new tenant for my share of the deposit in small claims court?
  • 08-28-2013, 07:35 AM
    davidmcbeth3
    Re: Getting Security Deposit from Substitute Tenant
    I would think that once you are removed from the lease (new lease executed?) then you should get you deposit back.

    Of course, going to court could take 3-9 months.
  • 08-28-2013, 10:28 PM
    Mr. Knowitall
    Re: Getting Security Deposit from Substitute Tenant
    You agreed when you were released by the landlord that the security deposit would be credited to the replacement tenant, and that you would collect your share from the replacement tenant? This agreement was in writing?
  • 08-29-2013, 10:55 PM
    lys
    Re: Getting Security Deposit from Substitute Tenant
    Thank you for your quick reply.

    I simply signed a paper back in April when I renewed the lease (as a favor for my other two housemates who wished to stay in the apartment for another year) stating that the security deposit would be returned to whoever's names were on the lease. My name was then replaced on the lease by the new tenant in late June.
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