If Ipaid the deposit on a rental house but I’m listed as a guest and not the tenant, do I have the right to demand my deposit back if I move?

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If Ipaid the deposit on a rental house but I’m listed as a guest and not the tenant, do I have the right to demand my deposit back if I move?

I paid the deposit. I moved in with a roommate who is listed as the tenant for a 1 year term. I am listed as a guest. I am moving out after 6 months and the landlord refuses to give my deposit back and get it from the tenant. They said that I have to get it from her. And that they are legally obligated to return it to her after the agreement is up. Do I have any recourse?

Asked on July 21, 2011 Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Who did you pay the deposit to, the roommate or the landlord?

If you paid the deposit to the landlord who lists you as a guest in the lease, but not as the tenant, did you get a receipt or any document signed by him or her for the deposit and the reasons for it? If you did, read it in that it most likely controls how you are going to get the deposit.

If you paid the deposit to the roommate, do you ahve any documents showing that she received it and what was anticipated about its repayment to you when you moved out?

The problem is that guests typically do not pay a deposit to stay in a home. The person who you paid the deposit to need to return your money when you leave.

Good luck.


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