landlord refuses to give up security deposit

[lvdmutt]

i moved into an apartment with two roomates and we split the security deposit between us. when the lease was up, one of the roommates moved out and the lease was transfered into my name. he got his portion of the deposit from the landlord. i moved out at the end of march, leaving one roomate there. the landlord has not notified me of any damages to the place, yet refuses to give me my part or the deposit. he said that we moved in together, so the deposit will stay together. shouldn't he be required to give me the deposit since the lease was in my name, not my roommates?

 

[Tracey]

I don't know your state, but the usual rule is that landlord has 2-4 weeks to return the security deposit or send a list of damages once the tenancy has ended. Failure to comply means landlord must return 2-3 times the entire deposit, regardless of damages. The question is whether your responsibilities under the lease have ended.

If the lease has expired or landlord has released you from the lease, he has to refund your deposit and seek a new lease & deposit from the remaining tenant(s). If your lease is still active but you just aren't living there anymore, landlord is viewing your roommate as your subtenant. In that case, he doesn't have to refund the deposit until the lease expires.

Does this answer your questions?

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.