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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.