Can money owed to a roommate in written agreement be deducted from security deposit?
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Can money owed to a roommate in written agreement be deducted from security deposit?
My roommate and I agreed that I would move outand we would split the bills owed. She claimed that I damaged a table and asked me to pay full price for it. In a written agreement, we stated that we would split the bills and I would pay for the table and take it with me. The lease agreement stated that my $150 security deposit would be given to her if I moved, which I’ve done. Can the $130 owed for bills and table be deducted from security deposit that she’ll be getting, even though I left the table with her?
Asked on November 30, 2011 under Real Estate Law, Tennessee
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have a written agreement with your former roommate where you would split the bills and pay for the damaged table and your lease agreement states that your $150.00 security deposit given to your former landlord goes to your former roommate, the amount that you agreed to pay your roommate can be deducted from the $150.00 going to her from your security deposit assuming the landlord gives it to her and does not use it for repairing damages to the unit upon move out.
With that being said, you should have taken the table with you when you moved in that essentially you paid for it when you assigned your former roommate the $150.00 security deposit that you paid the landlord for living in your former rental.
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