Q: I'm not sure who to pay my security deposit to!
I signed a brand new lease with 5 people total, 2 people who already lived in the home, and 3 new people (including me). We have a brand new lease with all the new people. I did not pay a security deposit. Now the previous tenant whose room I am currently in is asking that I pay HER back the security deposit she initially paid. But no depreciation or anything has been taken in to account. And there is nothing on my new lease about a deposit - and none of the new girls paid a deposit either. I'm not sure I'm even suposed to pay her the entirety of the initial security deposit since that doesn't seem fair to me. How do I proceed?
A:
The prior tenant paid the deposit to, presumably, the landlord/owner. His only recourse is the landlord. You have no liability.
If all of the occupiers are on the same lease -- one lease for all the tenants, you owe money to the landlord/owner and nobody else. If you are all on the lease together, it means that each of you is insuring the performance of every other tenant. If one of the tenants leaves owing rent or money for damages, you may be personally liable to pay that debt. It is an arrangement made in heaven for the landlord!
What you should have is a separate lease with the landlord -- no one else unless the additional party is in partnership with you. As for the deposit, the lease should state what you owe, but the landlord is the one who should be dunning you if you have not paid one. You need not go out of your way to do his job.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
