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  1. #1
    Join Date
    Sep 2007
    Posts
    5

    Question New Lease, But Landlord Wants New Roommate To Cover Old Roommate's Deposit

    Okay, long story that I'll try to make a bit shorter:
    My current roommate, C, and her old roommate, D, moved into our apartment 3 years ago. In January of this year, D moved out, and I moved in. We did everything the right way. D gave his 30 day written notice, I filled out the application, did the credit check, etc. Come move out/in day, the apartment manager informed us that I would only be a sub-leaser, and D's name was going to stay on the lease. In addition, I was to pay D the security deposit, instead of the property owner paying D back and then taking money from me. Fine. We did it (after D consulted with a lawyer).
    Here it is 9 months later, and C has decided she is going to move back to Canada. I did not want to move (again) so I asked the landlord I could just find a new roommate. She said that was fine, but we would need to start a new lease. Here's where it gets tricky. The property owner wants me and the roommate to sign a new lease, but does not want to give C any of her deposit back. He said my new roommate needs to give C a deposit. C had a dog, which was an extra $500 for pet deposit, and the dog will be leaving with her. The owner will not refund the $500 deposit. Again, he is saying it is our responsibility to pay her the money (he basically doesn't want to take any money out of the account until we completely move out.). When I requested a walkthrough, they told me they would not be doing one. They said at the end of the lease, when we move out, they will keep a portion of the security deposit for cleaning by a licenced professional (and if we want to have it done ourselves, we have to use the company that they "approve").
    There are so many problems with what is going on!! Can anybody give me advice on this one?! I don't really want to move again, and rent is so cheap for the area I live in and the apartment I'm in, it would be a shame to lose it....

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: New Lease, But Landlord Wants New Roommate To Cover Old Roommate's Depsit

    I don't like the way your landlord does business. If one lease is ending, and a new one is beginning, he should be refunding the security deposit to the former tenant(s) under the old lease, and accepting a new security deposit from the new tenants under the new lease.

  3. #3
    Join Date
    Sep 2007
    Posts
    5

    Default Re: New Lease, But Landlord Wants New Roommate To Cover Old Roommate's Depsit

    I agree...they are being shady! Is what they are doing even legal? Can they withhold the security deposit from the previous tenants and make the new tenants pay it for them? Can they refuse to do an official walkthrough/inspection?

    Also, what about the cleaning "fee" they are going to charge (they did NOT list it in the rental agreement as a non-refundable deposit, even though they admit that they are going to be keeping it whether we clean the apartment or not, unless we use the same cleaning professionals they would be using...)? When I moved in, the place was pretty dingy and dirty, the paint was at least 3 years old, the carpets were at least 3 years old and have not been professionally cleaned. And now that I'm signing a new lease, how will they define "...as clean as when the tenant moved in..." when it comes time to return the security deposit? They are not repainting (I was told that I would have to pay for it if I wanted it done), they are not cleaning the carpets, they are doing NOTHING....

    Please advise.

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