Is itOK to withhold a deposit from aroommate who moved out early?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is itOK to withhold a deposit from aroommate who moved out early?

I was living with 2 other parties; 1 of the parties moved out a month before the lease ended. The other party and I filled in and covred the other roommates rent. We feel that this other roommate is not entitled to their share of the deposit ($259) because they did not fill their obligation on the lease. This roommate feel that they owe nothing because they never signed the lease (there was an extension that they failed to sign). So are we in the right to withhold their deposit?

Asked on September 21, 2011 under Real Estate Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I have to say that I am a little confused as to who the "landlord" is here: you or your landlord that signed the lease.  If she stayed in the apartment after the expiration of the terms of the original lease then she is a month to month tenant regardless if she signed the extension document.  A a month to  month tenant she has to give 30 days notice of her intent to leave and pay the rent until then.  Now, the law in Colorado regarding security deposits is clear: the security deposit may be retained if the damage to the apartment is over and above normal wear and tear.  It does NOT allow you to with hold the deposit for rent that is owed.  So you need to return that portion that is hers and sue her for the money.  Good luck. 


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