Should I accept a 50/50 split of my deposit or sue the landlord?

Full question:

I signed a lease with a co-tenant that had an original term of 2 years. The co-tenant put up the original deposit of $1100 I believe I paid him half of that amount but cannot prove it due to lack of bank records. He failed to pay any rent on the original lease. At the expiration of that lease the LL and I agreed to a new lease with me named as the sole tenant/lessee. The deposit that was originally put up was transferred over by the LL to the new rental agreement. That agreement has now expired and I have vacated the unit. The LL however has re-inserted the old/former lessee from the first lease after getting into a dispute with me about carpet replacement damages. Initially the LL agreed/offered to pay me the full deposit amount less damages. It may be important to note as well that the co-tenant on the first/original lease failed to make any claim to the deposit money when that lease expired more than a year ago. Should I agree to let him now have 50% of that deposit money or sue the LL for all of it? The LL has also failed to provide me with a final/comprehensive damage list with amounts and receipts. Nor has he allowed me to inspect the property. He in fact re-rented within a week after I vacated it. So the new tenant is now there. I have pictures of the carpet that he claimed was damaged as well as other pics of the cleaned/non-damaged unit when I vacated it.The former tenant did not help me clean or otherwise ensure the deposit would be returned in full.I have sent 2 certified letters to the LL demanding the deposit. The 2nd letter included an offer to settle the matter with the former co-tenant at a 60/40 split of remaining deposit funds just to get this resolved. This offer was based on the fact that the co-tenant failed to help me make the rent payments for either lease term and failed to help me clean the unit at the time I vacated to ensure the deposit would be returned.please advise whether I should be grateful to get 50/50 (assuming the LL pays this to me in the coming days) or whether i should sue him in small claims court and for how much? So far he has withheld the deposit from me on the basis (per his last letter) of me and the co-tenant not having resolved the appropriate split percentages. The LL and the former co-tenant are communicating regularly whereas the LL and I are not due to our dispute about the carpet. One last note, the LL works for a carpet/flooring company and the carpet he wanted me to pay to be replaced had very slight stains from coffee drops and kids crayon/paint that faded after cleaning. The carpet was also more than 5 years old and almost white in color. I have pics.

• Category: Landlord Tenant
• Subcategory: Security Deposit
• Date: 04/07/2025
• State: Tennessee

Answer:

The outcome of your situation will depend on various factors, which a court will consider if it comes to that. Key points include whether you reimbursed the co-tenant for half the deposit, any unpaid rent by the co-tenant, and whether the landlord followed proper procedures regarding the security deposit as outlined in the relevant statutes.

If the co-tenant did not claim their share of the deposit after the lease ended, they may have waived their right to it. Additionally, the landlord may be found to have acted improperly if they failed to provide you with a final damage list and did not allow you to inspect the property before re-renting it. This could strengthen your case against the landlord.

Regarding the deposit, if you can show that the co-tenant did not contribute to the lease or the cleaning of the unit, you may argue against giving them half of the deposit. If you choose to sue the landlord, you may seek the full deposit amount, minus any legitimate damages. However, you should also consider the cost and time involved in pursuing legal action.

If you decide to pursue legal action, you may want to review the relevant Tennessee statute regarding security deposits (Tenn. Code Ann. § 66-28-301), which outlines the landlord's obligations concerning deposits and damage listings. This could be a critical factor in your case.

Ultimately, whether to accept a 50/50 split or sue the landlord is a personal decision based on your willingness to engage in a legal dispute and the evidence you have to support your claims.