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?
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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 11 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 11 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.
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