If my roommate signed a new lease without me, what happens to my security deposit?

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If my roommate signed a new lease without me, what happens to my security deposit?

When I moved into my house I had to give a $900 deposit. In the meantime the 1 year lease expired and we went to a month-to-month. Last month my boyfriend and I broke up. His new girlfriend got a temporary restraining order with my address so I couldn’t return to the house. I paid that month’s rent already and stayed 3 days. Once I was forced out he got a new lease without my name on it. What happens to the money I paid for rent for the tome that I didn’t stay there, plus the security deposit?

Asked on July 18, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

To answer your question, you first need to read your written lease for the house you rented assuming you have one. If you have one, its terms should spell out your rights as to the security deposit that you placed and how it is to be returned given certain circumstances.

Have you advised your former landlord of the situation that you are no in possession of the house that he is now renting under a new lease with your former boyfriend since the original one year lease has expired? If not, you need to contact your former landlord and ask for the return of the security deposit that you placed. Be prepared to show him or her documentation proving that you actually paid the security deposit. Such documentation could be a cancelled check or a signed receipt by the former landlord.

Good luck.


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