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  1. #1
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    Jan 2016
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    Default Do You Pay Your Security Deposit to Your Landlord or the Former Tenant

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

    So I just moved to the Santa Barbara area and have found a place to live that is on a month to month contract. I still have yet to sign a lease agreement which is fine for now but what the problem right now for me is the current tenants are telling me that I have to send my security deposit to the person who lived there before me and this does not make any sense to me. I firmly believe that I need to send the security deposit to the landlord and not the previous tenant. They are telling me that is what they all have done when they moved in. If anyone has any advice I'd really appreciate it!

  2. #2
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    Default Re: Do You Pay Your Security Deposit to Your Landlord or the Former Tenant

    When you rent a home, the "current tenants" move out before you move in, and you don't even need to speak with them. What's actually going on?

    If the issue is that you're moving into a unit that is presently being leased by the "current tenants" to replace one of their roommates, the questions that are raised include whether you're subletting from them, whether you're being added to the existing lease or a replacement lease along with the other tenants, and whether the departing tenant has assigned to you the right to receive his share of the security deposit at the end of the lease term.

  3. #3
    Join Date
    Jan 2016
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    Default Re: Do You Pay Your Security Deposit to Your Landlord or the Former Tenant

    I am taking over someones room however, the two present roommates are still there. I don't believe I am subletting because it is on a month to month basis and I think everyone signs and individual leases. And I have no idea if I am assigned to the right to receive the security deposit at the end of the lease term. Thanks for the help, this all seems way to weird for me, I use to work in a leasing office and this just has red flags all over it. The roommates are awesome people and I enjoy living with them but the contract part seems to be beyond messed up and I just want to make sure that I do everything legally and not in a way where I am just handing some random person a security deposit because they lived there before me.

  4. #4
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    Default Re: Do You Pay Your Security Deposit to Your Landlord or the Former Tenant

    Quote Quoting Cali1234
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    I don't believe I am subletting because it is on a month to month basis and I think everyone signs and individual leases.
    If that's the case, then your security deposit will be dictated by your individual lease. You can pay it to your landlord, and your landlord can refund the deposit he owes to the departing tenant under the terms of the departing tenant's lease.

    But unless and until you choose to pin down the actual facts, we're not going to be able to give any sort of definitive answer.

  5. #5
    Join Date
    Mar 2013
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    Default Re: Do You Pay Your Security Deposit to Your Landlord or the Former Tenant

    I wouldn't touch the deal with the 11' pole that I use to avoid touching things with a 10' pole.

    No matter what the contract says, if you give the money to the former roommate someday you will move out and good luck getting money from your replacement.

    If the contract is with the owner of the dwelling, then your deposit goes to the owner.

    If the contract is with the two (or one) roommates than your deposit goes to them and they will be obligated to return it to you when you move out. What they do with the money (give it to the departing roommate) won't absolve them from that obligation.

    However, with roommate situations where roommates come and go I suspect the day will come when it's time to get your deposit back and everybody will be pointing fingers at everybody else and you'll never see your money.

    My advice: Avoid living with roommates. Find yourself a cheap efficiency if that's all you can afford. Otherwise, you'll be back here one day sobbing "What are my rights?"

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