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give back bed that came with room rental

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Ce2015

Member
Yes, from what I understood on the phone with LL, the roommates have agreed to let me out of lease. I would move out, but pay through the end of January (regardless if I move out earlier).
The LL said she would start a new lease with the roommates.

The deposit however she is leaving in their hands to refund to me.
Can't I request that she be the one to refund the deposit? I signed lease agreement with LL not roommates.

I'm requesting proof of lease termination so that I don't have any issues come up later. If I could provide LL with a legal document it might be easier for her.



First, the landlord cannot force a new lease on the other tenants. If they refuse the hold harmless agreement is the best you are going to get.


As to the deposit; if there is a new lease signed you have a right to seek refund of your deposit. whether the landlord improperly applied it to the rent is the landlords problem. Unless damages allow for the retention of the lease then it must be refunded.

If the lease is not terminated (new lease entered into) your deposit is not refundable until the expiration of the lease.
 


justalayman

Senior Member
if the current lease is terminated then all actions typical of the end time of a lease must take place. That means all deposits are refunded, if there are no damages they are to be applied to. The landlord is who is holding the deposits so the landlord is who refunds them, especially since you are not a sub-tenant but contracted directly with the landlord.

then the landlord can do whatever she wants regarding requiring deposits from the new tenants (the current tenants that will be remaining and entering into a lease)
 

Ce2015

Member
Yes, I agree that this is what should be done, but she is directing me to the the roommates for the deposits.



if the current lease is terminated then all actions typical of the end time of a lease must take place. That means all deposits are refunded, if there are no damages they are to be applied to. The landlord is who is holding the deposits so the landlord is who refunds them, especially since you are not a sub-tenant but contracted directly with the landlord.

then the landlord can do whatever she wants regarding requiring deposits from the new tenants (the current tenants that will be remaining and entering into a lease)
 

justalayman

Senior Member
well, unless you want to strong arm the landlord and force her to pay you, you are likely relegated to dealing with this after you move. I have not reviewed the laws regarding security deposits. What actions are required by you or the landlord would be found there. If the landlord does not comply with the law, you will probably be relegated to suing the landlord.
 

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