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  1. #1
    Join Date
    Apr 2011
    Posts
    1

    Default Roomate Broke Lease and is Now Wanting Security Deposit Back

    My question involves landlord-tenant law in the State of: South Carolina

    My roomate moved out giving me a one day notice via a letter she put on the fridge. she was moving out because her dog killed a neighbors pet and animal control was called. She said she felt like her dog was no longer secure at the residence. She called the landlord and told him she was moving out and wished to be taken off the lease. I called him and said I was okay with her moving out but would like to sign a new lease document on which she was not on the lease. He said he would bring it by for me to sign but never did. I did not dispute her when she tried to move out because she created such a miserable living environment. But now she has contacted me and says she wants her security deposit back. Is she really entitled to this since she terminated the lease giving me one day notice and did not find a roommate to take her spot. She wants me to pay the security deposit out of my pocket. Isnt this an issue she should take up with the landlord since he has the deposit.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Roomate Broke Lease and is Now Wanting Security Deposit Back

    Have you signed the new lease yet, or not? If you expect your landlord to refund your roommate's portion of the security deposit, you can reasonably expect that he'll be asking you to pay him that money to secure your new lease. But if you pay the money you need to be sure that your landlord is aware of what you are doing and that the landlord doesn't send her a check for half or issue the check in both of your names down the road when you move out.

    If you believe your roommate owes you rent based upon your understanding of how expenses were to be divided, and she won't pay, you can sue her in small claims court. But if you approved her moving out with only one day's notice, with no expectation of additional contribution to rent, then that's what you approved.

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