My question involves landlord-tenant law in the State of NC:
we recently signed a sublease (or a lease takeover?) to take over 3 remaining months of the original tenant (OT)'s lease. paperwork was signed last week through the apartment management office only and nothing was signed between us and the OT. paperwork says that OT's security deposit stays on the lease until we move out at the end of the lease. we thought we were set to go.
OT is now wanting us to sign an agreement between him and us that we will return the security deposit in full to him at the end of the lease. he wants us to walk through the apartment and sign an agreement saying that it is in tip-top shape.
the problem is, we want the apartment complex management to do this walk-through and sign off (which they are unwilling to do at this time) for us to be comfortable with signing this agreement with the OT. after all, our subjective ideas of what is "tip top shape" may not jive with the management's idea. we are happy to return whatever portion of the security deposit we are given at the end of the lease but simply cannot guarantee that we will refund the full amount of what OT paid at this time.
OT is now threatening to back out of the sublease agreement if we do not sign this document.
1) who owns the right to the security deposit?
2) can OT back out of the sublease agreement, despite all the paperwork being signed? we move in next week.
thank you for your help!