What happens to a renter’s security deposit return when a premises isleased to 3 people and 2 leave?

UPDATED: Oct 27, 2010

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What happens to a renter’s security deposit return when a premises isleased to 3 people and 2 leave?

My fiance and I rented an apartment with another person. I had paid the full deposit for this apartment. M fiance is in Iraq but is still on the lease agreement. This other party and I lived in the apartment for an 2 months and I found out that she had several loaded fire arms. I tried to discuss this with her and the fear that Ihad of guns in the house. But when confronted she hit me. This resulted in myproviding the landlord my and my fiance’s termination of the lease. When I did this the landlord wouldn’t provide me with my deposit due to her taking over lease.

Asked on October 27, 2010 under Real Estate Law, California


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

Answered 12 years ago | Contributor

I am curious as to how you got out of your lease.  Are you sure that it was legal?  Did the landlord agree- in writing - to let you out?   Then you are still bound under the lease.  I think that the landord thinks you are still legal tenants and he is keeping the security in place.  And I think that he may be right.  I would seek help from an attorney in your area on this matter.  Bring with you the lease and the termination that you said that you provided to your landlord.  It could not have been as easy as you make it sound here.  Good luck to you.   

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