Landlord Won't Return Security Deposit Because a Roommate is Remaining in Residence
My question involves landlord-tenant law in the State of: Washington
In September 2014, my husband and I entered a month-to-month agreement with our landlord and paid the full security deposit. A few months later, we got a roommate. He signed his own agreement and paid his own deposit. We moved out in June of 2015. The landlord said that we cannot receive our deposit back until the unit is vacated, even though the roommate has no intention of leaving and has found a new roommate to replace us (who has signed his own agreement and paid his own deposit as well). Is this legal? I don't want to pursue action if they are within their rights, but it sounds shady to me.
Re: Getting Deposit Back when Roommate Stays and Found New Roommates
I would agree with the LL if all of you signed one agreement or if each agreement specified that each tenant was joint and several (google it) with every other tenant but you haven't indicated that the second part of that sentence applies.
Seems to me that the LL is renting to different people with individual contracts and owes you your security deposit.
Study the security deposit sections of the landlord tenant statute:
http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18
Then I suggest you send him a demand letter with a deadline date to comply, quoting the appropriate parts of the statute, and sue him in small claims court if he fails to refund the deposit.
Re: Getting Deposit Back when Roommate Stays and Found New Roommates
Thank you for replying! I am going to go back over my lease with a fine-tooth comb and make sure, but it sounds like I should be able to get it back. I appreciate your help.