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  1. #1
    Join Date
    May 2015
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    Default Roommate's Rights for Last Month's Rent and Security Deposit if Others Renew Lease

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

    Me and my roommates signed a 12 month lease that goes to the end of August. My roommates renewed the lease for another year, but I am moving out. When we signed the lease, we paid for the first month, last month, and security deposit. My question is about how to deal with the last month of rent and security deposit.

    Since some of the tenants are staying and renewing the lease, the landlord is considering the last month we paid for to be next August, and keeping the security deposit until the apartment is vacated. So now my roommates are claiming that I need to pay again for this coming August and that I won't get my security deposit back until they move out. This is where I have an issue - I already paid for this coming August - I should not have to pay double just because they are staying. I also expect my security deposit back at the end of my lease - not theirs.

    So, my question is what should actually happen here, and what I can do to protect myself? I am not going to pay for this coming August - I already paid for it. Will I potentially be in any legal trouble if my roommates refuse to cover my portion (since the landlord is expecting full rent)? Additionally, how can I get my security deposit back? My roommates are refusing to pay me for my security deposit until they move out, and the landlord doesn't believe they need to give it back to me since my roommates are staying. What do I do, and what should my roommates and landlord be doing?

    It seems pretty simple to me - the roommates need to pay for the full month this August, as well as pay me for my portion of the security deposit. But since they are refusing to do this, I don't know what is going to happen.

  2. #2
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    Default Re: Roommate's Rights for Last Month's Rent and Security Deposit if Others Renew Leas

    The first place you will need to look is your lease, and its renewal provisions. Depending on the text of the lease you may be able to argue that your landlord needs to return the deposit at the end of the current lease, then collect a new deposit for the subsequent lease. The same general concept applies to rent -- depending on the terms of the lease, the lease may treat the "last month's rent" as applying to the current lease term, such that the "August" rent payment would effectively become the prepayment of "last month's rent" for the new lease. Without reviewing the lease, nobody can tell you your rights under that document.

    If you signed a lease that permits the landlord to apply the deposit and "last month's rent" to the renewed lease despite your departure, you will need to try to work things out with your roommates. There's no reason why they could not voluntarily refund you your share of the deposit, or pay your share of the August rent, in exchange for your waiving any future claims. Depending on the terms of the lease, it may be necessary to have the landlord accept the negotiated settlement of the issues, as he may have a legal duty to return your share of the deposit to you unless he receives an explicit wavier of your claim. But we're still stuck at this: Without reviewing the lease, we can't tell you what you can require of your landlord or roommates, and nobody can promise you that they'll suddenly become reasonable.

  3. #3
    Join Date
    May 2015
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    3

    Default Re: Roommate's Rights for Last Month's Rent and Security Deposit if Others Renew Leas

    I have read through my lease and the roommate's new lease - they are both the standard form apartment lease (fixed term) for Boston. Every rental I have had in Boston has always used the same form. The only thing my lease says about renewal is an addendum which says the date we need to tell them our plans for next year by (which was in January - I told the landlord I would not be staying, and the other roommates said they would):

    "I/we understand that we must inform [Lessor] on my/our intentions to renew our lease by January 15th of the following year of tenancy. If the tenant is undecided by Jan. 15th [Lessor] reserves the rights to begin showing the property to prospective tenants immediately. I/we agree to let any of our agents into the apartment for showings after a 24 hour notice. If a new lease is signed by another party before their lease is renewed, I/we understand that we must relinquish our tenancy at the end of the specified term on the lease agreement. I/we have read the lease and this addendum and understand it. I/we agree to abide by this contract as it is written, including each clause without exceptions."

    When the roommates signed the new lease, they signed an addendum that also included this:

    "Lessor and Lessee acknowledge that last and security for 2014-2015 lease term will carry over to 2015-2016 least term"

    However, I never signed that, since this is for the new lease, not my lease. I did not sign anything that permits the last month's rent and security to be applied to any new renewal. I don't see how it's possible that something in the new lease could steal my money without my consent - but seems like since they signed that, then they need to pay me back for my part of the security and they would be responsible for all of August rent.

  4. #4
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    Default Re: Roommate's Rights for Last Month's Rent and Security Deposit if Others Renew Leas

    The new lease is not between you and your roommates -- it's between them and your landlord. To the extent that you have the right to be reimbursed your share of the security deposit based upon the termination of the original release, your claim would be against your landlord.

  5. #5
    Join Date
    May 2015
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    Default Re: Roommate's Rights for Last Month's Rent and Security Deposit if Others Renew Leas

    Okay, thanks. What about this coming August - my roommates are asking that I pay for my share of the rent in August, but I already paid for my last month. At this point, they are planning on either withholding money from me (cable & utilities are in my name), or just not paying the full month of August and blaming me. If they withhold money from me, I guess I'll have to take them to small claims court - not sure if there is anything else I can do. But I'm not sure what will happen if they just pay for their portion of the rent for August (which is only 1/2 of the total rent). Would any action the landlord takes also be against me since I am still there and the other roommates would be claiming it is me who owes? Could it be reported to credit agencies?

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