Should I get a security deposit back after someone new signs the lease?

I got off the lease this month and my ex signed the lease. I’m not living there any longer. However, my landlord isn’t giving me the security deposit until my ex pays it. Can he do that since he never checked out the apartment after my ex signed the lease?

Asked on June 13, 2012 under Real Estate Law, Wisconsin


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your lease was not allowed to be surrendered by your landlord (i.e., you still had time on it), then theoretically, you breached the contract and would be responsible for monthly lease fees to your landlord until such time as your landlord was able to mitigate his or her damages by obtaining a new tenant. If yoiur ex is the new tenant, your ex must pay his security deposit before your landlord will refund you any monies owed to you.

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