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  1. #1
    Join Date
    Oct 2008
    Posts
    9

    Default Roomate Moved Out

    State: Ohio

    My girlfriend and I moved in with another couple, all four of us singed a year long lease, with myself and the other man primary leases. 7 months into the lease, they decided that myself and my girlfriend were too messy for their liking, started a fight, then proceed to move out the next day.

    My g/f and I are going to stay in the apartment for the remainder of the lease, as it's cheaper that way, then moving, or breaking the lease.

    The lease is up in April 2010. Will I be able to hold the other party liable for half the rent and utilities in small claims court from now until April?

    Since the security deposit was paid half by me and half by the other party, do I owe him any part of the security deposit upon my move out, or since they broke the lease, do they forfeit it?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Roomate Moved Out

    you have no right to do anything with the security deposit unless it was paid to you with you being the landlord. You are required to split the returned deposit with the other folks in the same percentage as they paid.


    you will need to attempt to find a replacement for the folks that moved. Until a suitable replacement is found, the other party is liable to you for whatever share of the rent they had agreed to pay originally.

    Regardless of whether they pay or not, you need to be sure the LL is paid in full each month.

  3. #3
    Join Date
    Jul 2009
    Location
    Cinnaminson, New Jersey, United States
    Posts
    205

    Default Re: Roomate Moved Out

    Everyone that signed the lease is on the hook for all of the rent for the duration of the lease.

    And unless the people that moved out sign a "Release of Deposit", they are entitled to getting their deposit back once everyone on the current lease has moved out.

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