What is the name of your state? Florida,
My husband entered into a business partnership about 8 months ago with another man they were both selling health insurance as independent contractors for the major insurance carriers. They rented an office space together and formed a company, they split the bills 50/50 the partner was having a problem paying his half and my Husband decided that this guy was too much of a pain to work with. My husband spoke with him and since this guy had come up with the name of the business they decided that the "partner" would keep the name and the office space and my husband would go out and start over (new name new office, ect.).
My husband paid for Augusts rent (his half) even though he moved out of the space on the 3rd, and they signed and filed all of the documentation to make sure his name was no longer involved in this company, he also went down and the leasing company allowed him to take his name off of the lease, the partner re-signed a new lease with them. The original lease and the new lease with just the partners name on it expire in Jan 06. A few days ago while going over some expenses we realized that my husband had put up the deposit on the office, he called the leasing company and told them that since he no longer has a lease with them he would like his deposit returned. They called him back and said that they had spoke with the current lease holder (the ex-partner) and he stated that he would not be willing to put up a deposit on the office space, therefore they would not return my husbands deposit.
So here are the questions are they obligated to return his deposit since he no longer has a lease with them? If the refuse what can be done? I understand that when the lease is up in theory he would still get his deposit returned, however since the main reason for him leaving is because the partner was not paying half the bills constantly it is likely that he will default on the lease, and the deposit would not be returned. The way I look at it is like they re-rented the office to the partner and took my husband off the lease therefore if they need a deposit they should obtain it from the current lease holder. Isn't their a law requiring landlords to return your deposit in like 10 days after the lease is up or in this case dissolved? Thanks for any help.
My husband entered into a business partnership about 8 months ago with another man they were both selling health insurance as independent contractors for the major insurance carriers. They rented an office space together and formed a company, they split the bills 50/50 the partner was having a problem paying his half and my Husband decided that this guy was too much of a pain to work with. My husband spoke with him and since this guy had come up with the name of the business they decided that the "partner" would keep the name and the office space and my husband would go out and start over (new name new office, ect.).
My husband paid for Augusts rent (his half) even though he moved out of the space on the 3rd, and they signed and filed all of the documentation to make sure his name was no longer involved in this company, he also went down and the leasing company allowed him to take his name off of the lease, the partner re-signed a new lease with them. The original lease and the new lease with just the partners name on it expire in Jan 06. A few days ago while going over some expenses we realized that my husband had put up the deposit on the office, he called the leasing company and told them that since he no longer has a lease with them he would like his deposit returned. They called him back and said that they had spoke with the current lease holder (the ex-partner) and he stated that he would not be willing to put up a deposit on the office space, therefore they would not return my husbands deposit.
So here are the questions are they obligated to return his deposit since he no longer has a lease with them? If the refuse what can be done? I understand that when the lease is up in theory he would still get his deposit returned, however since the main reason for him leaving is because the partner was not paying half the bills constantly it is likely that he will default on the lease, and the deposit would not be returned. The way I look at it is like they re-rented the office to the partner and took my husband off the lease therefore if they need a deposit they should obtain it from the current lease holder. Isn't their a law requiring landlords to return your deposit in like 10 days after the lease is up or in this case dissolved? Thanks for any help.