Page 1 of 2 1 2 LastLast
Results 1 to 10 of 11
  1. #1
    Join Date
    Jan 2018
    Posts
    4

    Default Can a Landlord Return Half of a Security Deposit to a Tenant Who Was Added to a Lease

    So let me ask this question.. I originally went in for my privately owned home I put down the security deposit in the first month's rent six months in my girlfriend moved in and did a new lease and put her name on the lease.. around Christmas I told her I was leaving she put my stuff out and change the locks.. I told the landlord that she had effectively evicted me and I wanted my security deposit back from the original lease since I'm the one that originally rent at the house .. She has gone back and told the landlord I don't know what now the landlord is telling me that the security deposit will have to be split between me and her can he do that?

  2. #2

    Default Re: Can My Landlord Do This

    Was this a year lease? If so, it would appear that you "broke" the lease by simply moving out. Your girlfriend didn't "evict" you. If she was added to the original lease and this lease remains in effect with the security deposit continuing with the lease until it would normally end. Then you had better hope said girlfriend doesn't leave the rental unit damaged or the issue of who gets what from the security deposit will certainly be a moot point.

    Gail

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,542

    Default Re: Can a Landlord Return Half of a Security Deposit to a Tenant Who Was Added to a L

    You will have to read the lease that you signed to see what you agreed in relation to the return of the security deposit. You may have agreed that the deposit would be split between yourself and your ex-. It could also be that the landlord actually intends to return the deposit with a joint check, and let you and your ex- work out who is entitled to what.

    You are not entitled to any money from the security deposit until the end of the lease term.

  4. #4
    Join Date
    Jan 2018
    Posts
    4

    Default Re: Can a Landlord Return Half of a Security Deposit to a Tenant Who Was Added to a L

    Quote Quoting oldfartWbeard
    View Post
    I was wondering when you let her move in did you consent by singing a amendment or something to show there was a change in your lease with her being added to the lease or did the LL just add her with out your signature ?
    yes she signed the new lease we both did..

  5. #5
    Join Date
    Oct 2006
    Posts
    14,499

    Default Re: Can a Landlord Return Half of a Security Deposit to a Tenant Who Was Added to a L

    Quote Quoting xx1293x
    View Post
    yes she signed the new lease we both did..
    Ok, then the security deposit stays until the end of the lease. You broke the lease by moving out.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,542

    Default Re: Can a Landlord Return Half of a Security Deposit to a Tenant Who Was Added to a L

    Quote Quoting llworking
    View Post
    You broke the lease by moving out.
    I think you misread the facts. Being a co-tenant on a lease does not require that you continue to live in the premises, and there is no indication that the other co-tenant has stopped paying rent.

  7. #7
    Join Date
    Jan 2018
    Posts
    4

    Default Re: Can a Landlord Return Half of a Security Deposit to a Tenant Who Was Added to a L

    She changed the locks so I cant return.. An i dont want anything to do with her anymore.. It was a 6 month lease that is up now.. It turns into a month to month.

  8. #8
    Join Date
    Oct 2016
    Posts
    1,846

    Default Re: Can a Landlord Return Half of a Security Deposit to a Tenant Who Was Added to a L

    Sue her for wrongful eviction and the other half of the deposit.

  9. #9
    Join Date
    Jan 2018
    Posts
    4

    Default Re: Can a Landlord Return Half of a Security Deposit to a Tenant Who Was Added to a L

    Thats Just what im going to do..

  10. #10
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,542

    Default Re: Can a Landlord Return Half of a Security Deposit to a Tenant Who Was Added to a L

    Quote Quoting PayrolGuy
    View Post
    Sue her for wrongful eviction and the other half of the deposit.
    You can't sue a co-tenant for wrongful eviction, because your co-tenant is not your landlord.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Security Deposits: Tenant Decided Not to Enter a Lease, and Landlord Won't Return the Security Deposit
    By starfoxy in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 10-31-2015, 08:58 AM
  2. Security Deposits: Tenant Broke Lease Early, Do We Have to Return Security Deposit
    By kbanks55 in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 05-19-2013, 06:12 AM
  3. Security Deposits: Must a Landlord Return a Security Deposit if the Tenant is Behind in Rent
    By veger in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 09-15-2011, 12:41 PM
  4. Security Deposits: New Landlord Won't Return Security Deposit Because it's Not Described in the Lease
    By Tate in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 02-06-2011, 04:46 PM
  5. Security Deposits: Subtenants Refused Security Deposit Return Until End of Tenant's Lease
    By WhoDat123 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 08-27-2010, 09:02 AM
 
 
Sponsored Links

Legal Help, Information and Resources