If 3 people paid separate security deposits, can landlord keep all 3 for 1 person’s damage?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If 3 people paid separate security deposits, can landlord keep all 3 for 1 person’s damage?

My daughter rented an apartment and each tenant paid $750 SD. 1 tenant watched a cat for a friend. Cat scratched up carpet in front of all doors. Same tenant spilled red paint on carpet. Tenant admits to these things. Landlord kept all 3 girls $750 for replacement of entire carpet. Is that allowed? Does my daughter and other girl have to sue the girl with the cat and paint for their $750? Or, since they all paid separately, and the one girl admits wrong doing, should my daughter and the other get their SD back?

Asked on July 22, 2010 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The landlord is entitled to keep the security deposit to make good the losses. It is not the landlord's concern who caused the damage among the three tenants, or how the tenants came up with or divied up the money. In any event, the total deposit stands as compensation for damage to the apartment by any of the tenants. You daughter and the other roommate may possibly have a cause of action against the tenant who caused the damage, inasmuch as her negligent actions have caused them losses; however, notwithstanding any liability that woman may have vis-a-vis her cotenants, the landlord is entitled to keep the entire security deposit if the damages are large enought to warrant or require it.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption