If my roommate signed a new lease without me, what happens to my security deposit?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
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.