Should I get a security deposit back after someone new signs the lease?

UPDATED: Jun 18, 2012

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Should I get a security deposit back after someone new signs the lease?

Should I get a security deposit back after someone new signs the lease?I got off the lease this month as in the lease expired for me and my ex signed wanted to resign the lease for another year with out me on it and I’m not living there any longer. However, my landlord isn’t giving me the security deposit until my ex pays it. Can he do that since he never checked out the apartment after my lease expired and my ex signed the lease?

Asked on June 18, 2012 under Real Estate Law, Wisconsin


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your lease has expired where you are moving out with a security deposit placed by you on the soon to be former rental, you landlord under the laws of all states in this country is required to return your security deposit in full or part within 21 to 45 days of move out depending upon the state that you reside in.

If you do not get the full security deposit returned, then the landlord in the 21 to 45 day period is required under the law to provide you with a written explanantion as to why you did not get your full security deposit with back up documentation showing what repairs were made such as invoices, receipts and cancelled checks.

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 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.

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