Is there something I can do?

[ChadPortman]

I live in Plano, TX in an apartment complex. I used to have a roommate that had pets and obviously had their garage/gate opener. This roommate has moved out and I have restarted a new lease at the apartment. The complex will not give back the deposit money for the garage/gate opener or for the pets until after I leave the complex. My ex-roommate wants their deposit back now and is wanting me to pay. I have told them that since I was not given the deposit I am not going to pay it back to them but I am willing to give it to them once I move out and the apartment complex pays me the deposit. I even went a step further and stated that once I sell my old house I would have more money and would be willing to go ahead and pay them at that time and just keep the deposit from the apartment. I thought this was being super nice. At this point however the ex-roommate is refusing to return the garage/gate opener to me and so therefore still has access to my home. They are trying to use the opener as leverage to make me pay them for the deposit.

Do I have any legal way of having the police retrieve the opener or if I have to take them to court for it? I really don't want to do the court thing as I feel that would cost more than I am want to pay but I also do not want them having access to my place.

 

[quincy]

I live in Plano, TX in an apartment complex. I used to have a roommate that had pets and obviously had their garage/gate opener. This roommate has moved out and I have restarted a new lease at the apartment. The complex will not give back the deposit money for the garage/gate opener or for the pets until after I leave the complex. My ex-roommate wants their deposit back now and is wanting me to pay. I have told them that since I was not given the deposit I am not going to pay it back to them but I am willing to give it to them once I move out and the apartment complex pays me the deposit. I even went a step further and stated that once I sell my old house I would have more money and would be willing to go ahead and pay them at that time and just keep the deposit from the apartment. I thought this was being super nice. At this point however the ex-roommate is refusing to return the garage/gate opener to me and so therefore still has access to my home. They are trying to use the opener as leverage to make me pay them for the deposit.

Do I have any legal way of having the police retrieve the opener or if I have to take them to court for it? I really don't want to do the court thing as I feel that would cost more than I am want to pay but I also do not want them having access to my place.

Was your roommate a co-signer on the original lease?

 

[latigo]

I live in Plano, TX in an apartment complex. I used to have a roommate that had pets and obviously had their garage/gate opener. This roommate has moved out and I have restarted a new lease at the apartment. The complex will not give back the deposit money for the garage/gate opener or for the pets until after I leave the complex. My ex-roommate wants their deposit back now and is wanting me to pay. I have told them that since I was not given the deposit I am not going to pay it back to them but I am willing to give it to them once I move out and the apartment complex pays me the deposit. I even went a step further and stated that once I sell my old house I would have more money and would be willing to go ahead and pay them at that time and just keep the deposit from the apartment. I thought this was being super nice. At this point however the ex-roommate is refusing to return the garage/gate opener to me and so therefore still has access to my home. They are trying to use the opener as leverage to make me pay them for the deposit.

Do I have any legal way of having the police retrieve the opener or if I have to take them to court for it? I really don't want to do the court thing as I feel that would cost more than I am want to pay but I also do not want them having access to my place.

(My response will assume the logic fact that the former roommate contributed to the original deposit. Otherwise you would not consider repaying him under any condition)

Which means that when you ''restarted a new lease on the apartment" you used his share of the original deposit to cover that required under the new lease. All of which was your sole responsibility and none of his.

Consequently you owe him whatever amount he contributed to the original deposit. I don't blame him for refusing to return the remote until you compensate him for his money that you used in consummating "your new lease. ".

Under your shortsighted theory you could renew your "new lease" for years to come continuing to use his money.

Furthermore, you could not sue him to recover the remote nor properly have him charge him with any criminal act. The simple neglected fact being that it is not your property. Its the property of the lessor.

 

[quincy]

(My response will assume the logic fact that the former roommate contributed to the original deposit. Otherwise you would not consider repaying him under any condition)

Which means that when you ''restarted a new lease on the apartment" you used his share of the original deposit to cover that required under the new lease. All of which was your sole responsibility and none of his.

Consequently you owe him whatever amount he contributed to the original deposit. I don't blame him for refusing to return the remote until you compensate him for his money that you used in consummating "your new lease. ".

Under your shortsighted theory you could renew your "new lease" for years to come continuing to use his money.

Furthermore, you could not sue him to recover the remote nor properly have him charge him with any criminal act. The simple neglected fact being that it is not your property. Its the property of the lessor.

If the roommate was on the original lease, it would be the landlord's responsibility to return the security deposit to the departing tenant.

 

[latigo]

If the roommate was on the original lease, it would be the landlord's responsibility to return the security deposit to the departing tenant.

I understand, but the landlord didn't' return it to the departing tenant. Its seems apparent that it was credited to the OP's new lease. And with the OP's approval and having enjoyed its benefits the OP is ultimately responsible. Its six or half a dozen as far as the OP is concerned. He either pays the roommate or the landlord refunds the former tenant and the OP pays the landlord.

 

[Zigner]

It is not exactly six of one, half dozen of another. The landlord will be deducting from the security deposit damage caused by the departed tenant's pet and garage door opener. That needed to be taken care of prior to signing a new lease.

It appears to me that the landlord screwed up.

I disagree. If the LL refunds part of the deposit to the former tenant, then he has every right to make a demand upon the OP to replenish the deposit amount.

 

[quincy]

I disagree. If the LL refunds part of the deposit to the former tenant, then he has every right to make a demand upon the OP to replenish the deposit amount.

I deleted my post. But it depends on if separate leases were signed or if there was a single lease with both roommates signing it.

The tenant that left should not be held responsible for a security deposit on a new lease and Chad should not be responsible for damage caused by the former roommate.

 

[latigo]

I deleted my post. But it depends on if separate leases were signed or if there was a single lease with both roommates signing it.

The tenant that left should not be held responsible for a security deposit on a new lease and Chad should not be responsible for damage caused by the former roommate.

"Two leases" for the same unit? Each calling for one half of the rent and one half of the security deposit? Most interesting. Are we groping a bit here?

But whatever you aren't granting Chad much intelligence suggesting that he would lease an apartment that evidenced damage from the hands of a former tenant. Not without first squaring away with the landlord.

 

[quincy]

"Two leases" for the same unit? Each calling for one half of the rent and one half of the security deposit? Most interesting. Are we groping a bit here?

But whatever you aren't granting Chad much intelligence suggesting that he would lease an apartment that evidenced damage from the hands of a former tenant. Not without first squaring away with the landlord.

I have all of my tenants sign separate leases (often with parent co-signers), even when they are sharing a house with others. I don't think this is unusual at all. How the roommates choose to split costs is up to them.

The former roommate did not (based on what has been said) sign the original lease with Chad but with the landlord. The security deposit apparently was not paid to Chad but to the landlord. The landlord is responsible at the end of the lease term to refund the security deposit to the former tenants, with an itemized list of deductions.

The landlord apparently did not do this.

But the landlord cannot apply a security deposit from one ended lease to a new lease if the tenants are not the same.

 

[ChadPortman]

So thanks everyone for your responses. I will try to clear up a few things an explain what has happened since. On the first lease I paid the deposit for the apartment while they paid for the pet deposit and their part of the opener deposit. They moved out early removing their name from the lease. I sign a new lease to stay there however the LL will not refund any deposits until the unit is vacated. Even though there are no longer pets.

My main concern was that they had access to my place with the opener and I did not feel comfortable with that. I have since spoken to the LL and they have disabled the former roommates opener. So my issue is resolved as far as I am concerned and once I move out or I sell my house I will gladly refund my former roommate their deposit money.

 

[quincy]

So thanks everyone for your responses. I will try to clear up a few things an explain what has happened since. On the first lease I paid the deposit for the apartment while they paid for the pet deposit and their part of the opener deposit. They moved out early removing their name from the lease. I sign a new lease to stay there however the LL will not refund any deposits until the unit is vacated. Even though there are no longer pets.

My main concern was that they had access to my place with the opener and I did not feel comfortable with that. I have since spoken to the LL and they have disabled the former roommates opener. So my issue is resolved as far as I am concerned and once I move out or I sell my house I will gladly refund my former roommate their deposit money.

I think the landlord handled the security deposit improperly - and the landlord could potentially be sued by your former roommate for not following the landlord tenant laws on security deposit refunds - but thank you for the update. Disabling the door opener was smart.

A link that explains the law: http://www.housing-rights.org/security_dep.html

 

[Zigner]

I think the landlord handled the security deposit improperly - and the landlord could potentially be sued by your former roommate for not following the landlord tenant laws on security deposit refunds - but thank you for the update. Disabling the door opener was smart.

A link that explains the law: http://www.housing-rights.org/security_dep.html

Just to clarify (for the OP): The reason the LL handled this improperly is that he ended the prior lease and entered in to a new lease with you. He should have returned the deposit (made out to both of you) and required a new deposit. Alternatively, he could have gotten something in writing from the two of you stating you were dealing with the security deposit between the two of you and releasing him from any liability for the SD.

 

[quincy]

Just to clarify (for the OP): The reason the LL handled this improperly is that he ended the prior lease and entered in to a new lease with you. He should have returned the deposit (made out to both of you) and required a new deposit. Alternatively, he could have gotten something in writing from the two of you stating you were dealing with the security deposit between the two of you and releasing him from any liability for the SD.

Exactly.

And because Chad essentially was refunded the security deposit so he could apply it to the new lease, his former roommate could also sue him.