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  1. #1
    Join Date
    Sep 2008
    Posts
    2

    Default Roommate Not on Lease Moving Out - is a Verbal Contract Enforceable?

    My question involves a roommate in the State of: CT

    I am the only person on the lease for my two bedroom apartment. When my last roommate moved out, I found a new roommate. We did not have a written agreement but when I offered him the room we discussed that the lease would run through the end of July. He agreed to stay for the duration of the lease, moved in, and a little over a month later informed me that he wanted to move out. At that point, he asked about using his security deposit for the current month's rent (after making several excuses about why he hadn't paid the rent seeing as how it was the 4th of the month). I informed him that wouldn't be possible and that I would need to find a new roommate before I could give him back his deposit since what I had been doing was using the new roommates deposit to give my last roommate the deposit.

    My roommate agreed and gave me the rent for the month. I have been looking for a new roommate but have not found anyone yet. My roommate is due to move out and I am wondering if it would be legal to say that I will be using the deposit to cover this months rent since I have not found a new roommate. Or, to at least delay in giving the deposit back since it would mean that I would have to cover the entire month's rent as well as return the deposit.

  2. #2
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Roommate Not on Lease Moving Out- is Verbal Contract Enforceable?

    Basically, it's your word against his that any verbal agreement ever existed. He says "nope, nothing", you say "Oh yes there was...", the courts decide; 50/50 on you prevailing. Secondly, security deposits are generally not used to securing unpaid rent, but for covering legitimate damages to the dwelling.

    Also, if you sublet without the permission of the landlord, or there is no lease provision of such, and the landlord becomes aware of this, YOU could be looking for another place to live as you would have violated the terms of the agreement.

    Choose your battles wisely!

  3. #3
    Join Date
    Sep 2008
    Posts
    2

    Default Re: Roommate Not on Lease Moving Out- is Verbal Contract Enforceable?

    Thank you for your reply. My landlord is aware that I have rented one bedroom to a roommate so that is not an issue for me. I do have one more question... if I can get my roommate to confirm that he had agreed to stay for the duration of the lease, say in an email, would that hold up in small claims court?

  4. #4

    Default Re: Roommate Not on Lease Moving Out- is Verbal Contract Enforceable?

    Quote Quoting M'sta Mikey
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    Secondly, security deposits are generally not used to securing unpaid rent, but for covering legitimate damages to the dwelling.
    Let me be the first to tell that a security deposit can be tapped for unpaid rent.

  5. #5
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Roommate Not on Lease Moving Out- is Verbal Contract Enforceable?

    Quote Quoting wally
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    Let me be the first to tell that a security deposit can be tapped for unpaid rent.
    Wally, you are correct. Michigan law does provide for the landlord to withhold the deposit for such:

    Landlords can deduct from security deposits for three things only:
    unpaid rent
    unpaid utilities, or
    actual damages to the rental unit

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