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Security Deposits Issue

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Security Deposits Issue

Postby hibachi235 » Wed Sep 21, 2011 12:35 pm

So here is the situation. Wondering if you could all provide some thoughts. Does Tenant 1 have a right to reneg on his agreement and file a small claims court action.

- Tenant 1 and Tenant 2 are renting 2 bedroom condo.

- Tenant 1 gives notice properly to move out on July 1st, 2011. Tenant 2 does not give notice, and thus landlord assumes that tenant 2 will still be occupying.

-Tenant 2 sends text on July 1st, 2011 stating that he is moved out. Landlord considers this beginning of notice period.

-Landlord then posts ad on Craigslist, goes to show the apartment on July 12th. Discovers Tenant 1 in the process of moving out belongings that he had at the apartment. Despite this, landlord still manages to sign up new tenants. Tenants occupy and move in as of July 15th.

- Landlord attempts to keep entire balance of deposit ($1,200). Tenant 1 does not agree, concedes that half should be kept due to actions by both tenants. Is looking for $600 of the deposit to be returned.

- Landlord and Tenant 1 discuss matters over the phone. Ultimately tenant one agrees to not pursue any additional matters if landlord sends $100. Landlord sends funds.

- Tenant decides that he was too rash in making a decision. Wishes to continue with small courts claim.
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Postby TenantNet » Wed Sep 21, 2011 1:06 pm

Assuming T1 and T2 were on the same lease. If so, if one stays, the lease is still in effect.

Actually the lease is still in effect until it ends unless there's a provision for early termination. LL can hold you for rent until the end of the lease. T1 and T2 are not independent. The lease is not independent. The rent is not independent and the deposit is not independent ... unless all parties agree.

After lease ends the tenants can become month-to-month tenants, which also has some obligations.

You don't cite the terms of the lease.
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Postby hibachi235 » Wed Sep 21, 2011 1:15 pm

At the point at which all of this went down, lease was on a month to month basis, as original agreement had ended and no new agreement was executed.
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Postby TenantNet » Wed Sep 21, 2011 1:40 pm

M2M is an extension, so the terms of the original lease still hold. Look to see the language on "joint and severable."
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