I was wondering if it was legal for my landlord to be able to withhold my portion of the security deposit for something that I should not be involved in?

I am a tenant who also has multiple roommates. My landlord is telling me that in order for me to get my part of the security deposit back, the new tenant (who is taking over my lease) has to cover my portion of the deposit before I can receive my portion back. I have not broken any terms of my lease and have given prior notice to moving out when my lease expires next month. The other tenants decided to re-new their lease but I chose to opt out of that.

Asked on July 27, 2012 under Real Estate Law, Michigan


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written with respect to your former landlord and your security deposit, it is improper for you to not receive the return of your secuirty deposit within 21 to 45 days of move out depending upon the laws of the state that you reside in if you are entitled to the full amount back.

For your former landlord to condition the return of your security deposit upon the receipt of the new tenant's security deposit is improper.

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