If 1 of 2 tenants vacates the residence before the lease term has been completed, does that person have any right to the security deposit refund?

Get Legal Help Today

 Secured with SHA-256 Encryption

If 1 of 2 tenants vacates the residence before the lease term has been completed, does that person have any right to the security deposit refund?

There was not a new lease drawn up after the tenant vacated and the leasing office knew about the tenant vacating.

Asked on August 3, 2012 under Real Estate Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whatever portion of the security deposit will be returned (that is, which is not used to make good unpaid rent or pay for damages) should be returned to the tenants in the same proportion that they paid it: e.g. if each roommate paid 1/2, each will get 1/2 the returned deposit back. The roommate who did not breach the lease by moving out earlier may be able to sue the one who did move out early to recover any additional amounts or costs he or she incurred, however, due to the early move out.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whatever portion of the security deposit will be returned (that is, which is not used to make good unpaid rent or pay for damages) should be returned to the tenants in the same proportion that they paid it: e.g. if each roommate paid 1/2, each will get 1/2 the returned deposit back. The roommate who did not breach the lease by moving out earlier may be able to sue the one who did move out early to recover any additional amounts or costs he or she incurred, however, due to the early move out.


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