Does my ex-boyfriend have a right to his half of the security deposit if I have not moved out of the apartment yet?

Get Legal Help Today

 Secured with SHA-256 Encryption

Does my ex-boyfriend have a right to his half of the security deposit if I have not moved out of the apartment yet?

My ex-boyfriend moved out of our apartment about 2 1/2 months ago. Our lease only went through then but I am currently staying here alone doing a month-to-month deal. My ex-boyfriend just contacted and asked for his half of the security deposit back within the week or he is going to have his attorney sent me a subpoena. My issue is that I have not moved out of the apartment yet and do not know how much of the security deposit we are going to get back, so I don’t know how much he should actually get back. Does he have any legal grounds here, or what?

Asked on July 23, 2012 under Real Estate Law, Wisconsin

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

He has a stronger legal ground than you. If he moved out at the end of your lease term, you and your landlord should have signed a new lease and not continued on a month to month. At this point, it may be cheaper for you and really the only thing to do is to give him half the security back.  Ultimately, he should have also continued ensuring the landlord signed a new agreement with you and do the proper accounting, but then he would no longer be in privity of contract with either of you.


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 with SHA-256 Encryption