When mus the security deposit be returned?

Q: What happens if your roommate just leaves?

If your roommate leaves without notice, they may still be responsible for their share of the rent until the lease ends. You should notify your landlord about the situation. Depending on the lease terms, you might need to cover the full rent until a new tenant is found. Document any communication and keep records of payments.

Q: Can my roommate take my name off the lease?

A roommate cannot unilaterally remove your name from the lease. Both parties must agree to any changes, and the landlord must approve the removal. If one roommate wants to leave, it’s essential to discuss options with the landlord, which may include a lease amendment or finding a replacement tenant.

Q: What to do if a roommate moves out before a lease ends?

If a roommate moves out before the lease ends, notify your landlord immediately. You may need to cover their share of the rent until a replacement is found. Review your lease for any clauses regarding early termination and consider discussing the situation with your roommate to reach a mutual agreement.

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: 04/07/2025
State: National

Answer:

The landlord must return the security deposit, less any lawful deduction, to the tenant at the end of the lease or within a reasonable time thereafter.

A landlord may use the security deposit:

(a) as reimbursement for the reasonable cost of repairs beyond normal wear and
tear, if the tenant damages the apartment; or

(b) as reimbursement for any unpaid rent.

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.

FAQs

What happens if one person on a lease moved out after?

If one person on a lease moves out, the remaining tenant is usually still responsible for the full rent unless the lease specifies otherwise. The landlord may need to approve any changes to the lease. If the departing tenant was responsible for part of the rent, they may still owe that amount. It's best to review the lease agreement and communicate with the landlord about the situation.

What happens if your roommate just leaves?

How long can an apartment be held with a deposit?

The duration an apartment can be held with a deposit varies by agreement. Typically, a deposit secures a rental for a specified time until the lease begins. If the lease is not signed or the tenant does not move in, the landlord may retain the deposit depending on the terms agreed upon. Always clarify these terms before paying a deposit.

Can my roommate take my name off the lease?

Can my roommate sue me for moving out?

Your roommate may have grounds to sue if you move out and violate the lease terms, such as not paying rent or leaving them responsible for the full rent. However, if you have a valid reason for moving out, such as a breach of the lease by the roommate, that may affect their case. It's advisable to consult a legal professional for specific guidance.