How can I get my security deposit back in a situation where the gentleman who took over my lease was supposed to pay me for it?

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How can I get my security deposit back in a situation where the gentleman who took over my lease was supposed to pay me for it?

I recently moved out of my old apartment, broke the lease, and found someone to replace me in the apartment. The landlord requested that he provide me with a security deposit instead of the new tenant paying the landlord. I have not received a security deposit from the new tenant, and have requested open lines of communication with him, and have even asked if a payment plan would work well for him. He has reacted very aggressively and has even threatened me. What should I do?

Asked on January 4, 2012 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you found a replacement tenant for your former unit that the landlord is willing to accept as a tenant in your place where the new tenant pays the landlord directly the rent and not you, the replacement tenant has no obligation to pay you the requested security deposit if called for in the new lease with the property's owner.

Rather the new tenant would be obligated to pay the security deposit that you have written about to the landlord who owns the building if you are not truly sub-leasing the unit to him. I would speak with your former landlord about the security deposit situation in light of my answer to your question.


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