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  1. #1
    Join Date
    Mar 2009
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    1

    Exclamation New Roommate Will Not Give Deposit

    My question involves a roommate in the State of: Nebraska

    My one-year lease is up for my apartment in a few weeks so I will be moving, but my roommate has decided to stay in the same place and get a new roommate. According to the state law our landlord only returns the security deposit if everyone moves out, but the new roommate is only willing to give me $150 of the $290 deposit. She said that this is for the cleaning fee the landlord charges when everyone moves out. The cleaning fee is $125 so I said that I would accept $240 but no less but she is unwilling to pay anymore than $150 everyone is agreeing with her and telling me I am wrong to ask for so much back. I am considering taking her to small claims court if she does not give me atleast $240 by the time she moves in. Is taking her to small claims court a good decision? Or should I just take less money than I believe I am entitled to?

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

    Default Re: New Roommate Will Not Give Deposit

    I'm going to assume you're correct on the law for now, but I would appreciate it if you would identify the statute that entitles your landlord to keep the deposit despite your having given proper notice to end the lease.

    Your claim against her in small claims court would be what? Why does she owe you money at all?

    You are entitled to the refund of your money when it is refunded. If the new roommate won't reimburse the money to you now, make sure the landlord knows that part of the security deposit remains refundable to you and deal with it at the end of the lease.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: New Roommate Will Not Give Deposit

    My one-year lease is up for my apartment in a few weeks so I will be moving, but my roommate has decided to stay in the same place and get a new roommate. According to the state law our landlord only returns the security deposit if everyone moves out,
    I would suggest the law you are speaking of involves the situation where one person on a lease with others moves out prior to the expiration of the lease. That is not what is happening in your situation. In your situation, the lease has ended. The new tenants need to sign their own lease. Since your lease has expired and is not being renewed, the landlord must settle all terms of the lease. If he is failing to do this, I would be wary of the situation that it might be seen simply as a renewal of the existing lease, of which you are a tenant.

    Do not allow this.
    but the new roommate is only willing to give me $150 of the $290 deposit.
    the roommate owes you nothing. The landlord is who would owe you whatever you are due and that would only be what you have paid as deposit, minus any legally allowed deductions.

    it would do no good to sue the roommate since the roommate would owe you nothing. It is the landlord that would be the defendant.

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