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licensee paid security deposit to tenant; can't get it back

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licensee paid security deposit to tenant; can't get it back

Postby licensee » Wed Feb 23, 2011 12:26 am

I have seen other issues with security deposit in this forum, but nothing that speaks directly to this situation.

Upon moving into an apartment 18 months ago, I paid a one-month security deposit to the tenant as part of a month-to-month arrangement. I signed an agreement that says I (as well as she) paid a security deposit, and since the lease is in her name, she will return to me the security deposit once returned from the landlord after the end of the lease. But now I recently came across her actual lease with the landlord, which indicates that no security deposit was paid. Since I signed an agreement saying I'd get back whatever was returned from the landlord, am I pretty much out of luck? Or does the fact that the lease indicates that there is no security deposit trump our agreement?

Thank you to anyone who can help!!
licensee
 
Posts: 1
Joined: Wed Feb 23, 2011 12:13 am

Postby ronin » Wed Feb 23, 2011 12:43 am

Your payment to the Prime tenant is a deposit to that person. You are entitled to that being returned. If the prime tenant tries to claim that the lack of a deposit from the LL means you lose your money, then you have the additional claim of fraud...

IMHO
ronin
 
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Joined: Sat Mar 16, 2002 2:01 am


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