How can I get my deposit back, if my roommate is extending hertenancy but I’m not?

The whole lease between my roommate and I is up in January. I have chosen to move out due to a falling out with the roommate. But now my apartment manager is saying that she can’t give me back my portion of the deposit back until my roommate moves out as well. What I don’t understand is how can they just extend the lease if it is over and my name is on the original contract. Can’t they have my roommate sign a new lease with her new roommate and do the walk through now so that I can get my portion of the deposit back and have my roommate reissue a new deposit with her new roommate?

Asked on December 11, 2010 under Real Estate Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Here is what you need to do:  make sure that you have given the proper notice under the lease that you are leaving and not renewing.  Make sure that you give you landlord - in writing - your new address before you leave.  Take pictures of your room and of the apartment so that you can show that there was no damage when you left above normal wear and tear.  Demand that the landlord issue a new lease to your roommate and the new roommate.  Otherwise you will be liable if they default.  You should receive your security within 30 days of leaving.  If you do not then take him to court.  Good luck.

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