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  1. #1

    Default Roomate Signed Lease then Broke It 10 Days Later and Wants Security Deposit Back

    My question involves a roommate in the State of: North Carolina. A friend and I decided to rent an apartment together. We made a verbal agreement that the rooms would be chosen fairly since both of us were willing to pay extra for the "better" room in most apartments. After signing the lease, and paying the depost (which I paid for in full and she payed me back), she decided she would move in before me and take the larger room. she even gave a key to her ex-fiance, who is not on the lease to go into OUR place to make rennovations to "her" room. Well after some obvious disagreement over this, she chose to break the lease and not move in. I immediately had the landlord draw up a new lease with my name on it only. Problem is, I am stuck with a full rent payment and she wants her deposit back now or she will take me to small claims court. I feel the purpose of the deposit is to protect all parties from this type of issue and do not think her actions support her getting her deposit back at this time. When and if I do find another roomate and/or move out at the end of the lease and the deposit is returned I will return the money to her.

  2. #2
    Join Date
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    Default Re: Roomate Signed Lease then Broke It 10 Days Later and Wants Security Deposit Back

    I immediately had the landlord draw up a new lease with my name on it only.
    I'm sorry to be the bearer of bad tidings, but you went about things backwards and now you're stuck.

    What you SHOULD have done was to seek out a new roommate, then take your old roommate to court for her share of the rent in the time between when she moved out and when the new roommate moved in.

    By immediately having a new lease drawn up, you essentially consented to her breaking the contract, and you willingly took on the responsibility for the entire rent payment. I suspect that if she sues you, she'll prevail.

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