Who is liable for a Security Deposit return ?
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Who is liable for a Security Deposit return ?
I rented an apartment in SC for approximately 2 years, gave a security deposit of 2 months rent. When I left, with advance notice, and in good standing with property owner, the Management Group had skipped town with my and other peoples monies. There was a Class Action Lawsuit. I got some of my Security Deposit back, but not all. Is the Property Owner responsible for the balance owed to me. None of my deposit was to be kept for damages, etc……
Asked on May 11, 2019 under Real Estate Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
The landlord is responsible: that is, the person or business whose name was on your lease as the party you were renting from is responsible, since that person or business was your landlord and was the one you contracted with (the lease is a contract, afte all). If that was the property owner, then the owner is indeed liable for the deposit and you could sue (e.g. in small claims court) for any unreturned portion).
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