Full question:
I am the main renter of an apartment. When my roommate moved in, she gave me a security deposit, which as was said in an oral agreement she would get back when she moves out provided that the apartment is clean, the bills are paid, the keys are returned and that there is no damage to the apartment. I asked her to move out on the 5th of February and informed her that she has a month to do so. She said that she wants her deposit back as soon as possible, even though she is not sure when she is moving out. According to the law, when should the security deposit be given back and does she have any grounds to take me to the court for not giving her deposit now?
- Category: Landlord Tenant
- Subcategory: Security Deposit
- Date:
- State: National
Answer:
The landlord must return the security deposit, minus any lawful deductions, at the end of the lease or within a reasonable time thereafter. A landlord can use the security deposit for: (a) covering reasonable repair costs for damages beyond normal wear and tear, or (b) unpaid rent. Since your roommate has not yet moved out and you have given her notice to vacate, you are not required to return the deposit until she has vacated the apartment and met the conditions of the agreement.This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.