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  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Default Moving Out of Month-To-Month Lease, Roommates Staying

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

    This is a special situation. I am moving out of a month-to-month lease and the landlord & roommates were both notified 60 days prior to me moving out. There are three of us, and they have decided not to replace me. At this time, they do not want to refund me my portion of the security deposit (1/3). They would like to wait until they move out to do so. My question is this: Is this right? Some more info:

    - They have decided not to replace me, so they are not receiving a portion of the security deposit from any new person in order to reimburse me.
    - We are doing a walk through with the landlord the day before I move out and will receive a statement from him regarding the amount he would pay all three of us from our original amount if we were to all move out the same day I am. That (hopefully) covers my responsibility as of the date I move out.
    - Who knows when they will move out? It could be 6 months from now or 5 years - should I really have to wait that long for my deposit? Especially on a month-to-month...
    - My concern is what happens to the apartment between the date I move out and when they decide to move out. Even with the walk through and the written & signed statement from the landlord when I personally move out, what happens if they do damage to the apartment after I have moved and they do not receive ANYTHING back upon move out? What if I would have received my full amount upon my move out date - would they then be responsible to pay me that amount regardless of what they receive back?


    I think the whole situation can get pretty hairy if they don't just give me what I am owed as of the date I move out. If we walk through with the landlord that day, and the landlord says "I would return the entire security deposit in full if you were all to move out today", wouldn't it just make the most sense for them to give me my portion, and then take the full deposit for themselves once they decide to move out?

    Advice? I know it was a long read but like I said, special situation so I figured I'd throw you as many details as possible.

  2. #2

    Default Re: Moving Out of Month-To-Month Lease, Roommates Staying

    Honestly, if he verbally said that you are refunded the security deposit when you all vacate there isn't much you can do. In reality, your roommates should cover the left over amount of the security deposit. Without seeing the actual leasing and knowing more details about the arrangement prior to move-in it's hard to give you a better answer.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Moving Out of Month-To-Month Lease, Roommates Staying

    What does your lease say about whether and when the security deposit will be returned if a roommate moves out while the others (or other) chooses to remain in residence?

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