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ars0n · (This post was last modified: 05-10-2013 09:03 PM by ars0n.)

So, not really sure how to approach this, some people say pay up sucka, while others tell me to wait...maybe some more experienced peeps an chime in...

Basically, I live with a room-mate. Been room-mates and best friends for some time over 7 years... we both rented this home together and are both on the lease agreement. We split the deposits for everything when moving in which equaled to $1250. Recently the lease has ended and we have been on a month to month basis. The home is in awesome condition, better than when we moved in. I am not worried about not receiving my full refund from the rental company. We have even put money into the home with receipts to prove and have improved on other things so, yeah the house is in near perfect condition minus the landscaping, which they are aware of....but anyways..

Em and I just got a new place. My room-mate is going to continue staying and paying rent here for an unknown amount of time and the rental company is aware of this and agree's to the terms to have him continue to stay here paying month to month..

I have put in my 30 day notice at to my property company and am expecting my half of the deposit back in a quick amount of time(30 days) after move out....

however..

Unfortunately the rental company will not release our deposit until both tenants have left and they have inspected the home and are able to to tell us if there is any repairs needed etc. blah blah blah..

My questions of morality...

Do I ask my roomy, hey man, since you are taking over, can you pay me back my half of the deposit, that way you are responsible for making sure the place is good before you leave and when you do get the deposit back you can cash it straight to your account and not have to split it with me, etc,etc..

If I do ask him to pay my half of the deposit back, I am pretty blunt person and Not sure how to say, hey man, even though your rent just increased 800 bucks by staying here, do you think you could pay me back my 600 deposit also? - Just seems like a bit much money to ask for in such a small amount of time...

Do I wait until he moves out/finds a new place (undisclosed amount of time) and make sure that he has kept the house up and is cleaned.. This I am not to worried about as I do trust him and he is a good friend. I could just really use the 600 bucks right to get my fucking wisdom teeth moved out. Not to mention I payed an extra 600 this month for the deposit on the new home along with rent.

So what say ye? Any thoughts on the matter gang? Anyone ever been in this situation? Ya feel me?

LVNeptune · 05-10-2013, 09:04 PM

I don't think anyone has been in that situation before. I am surprised you thought they would give you half the deposit back. It would be up to him to give it to you. No one is FORCING him to stay there. Cost doesn't matter, they can move if they want. Ask them for your half of the deposit and give them a few months to get it together

ars0n · (This post was last modified: 05-10-2013 09:07 PM by ars0n.)

I have always gotten my deposits back from rental agreements, I am a very clean person..

And All rental places say the same thing..t They never expect to give tenants back their deposits. They even tell me this on the phone.. I tell them that if I am going to live in a home I am going to return it better than when I received it...

LVNeptune · 05-10-2013, 09:11 PM

No...I mean I am surprised you thought you would get it back when technically the home is still occupied and hasn't been re-rented. You guys paid the deposit he is continuing to live there. The deposit was due regardless if you went in there alone or not. There is no reason for them to give it back to you because you both haven't given the home back.

ars0n · (This post was last modified: 05-10-2013 09:18 PM by ars0n.)

I see what you are saying.. but, tech, I paid 600( in deposits) so that now he can live here for an unknown amount of time..he would of had to pay another deposit somewhere else if he moved out..anyways. also.. I dont want to have to worry about the house and or if anything happens to it with our names on it. I want to be rid of it. but either way it sounds like I am sol unless he signs a new lease under his name.. might have to look into that..

Rev. That Guy · 05-10-2013, 09:14 PM

ok, having been in court for this more than once, i have some information for you.

Basically, you are fucked. Regardless of how many people are on the lease, you are considered one entity leasing the place, regardless if there are one or 10 people on the lease. That being said, unless they are going to terminate the rental and re-qualify your roomie by himself, then it is simply a matter of lease modification and being month to month, you loose many rights as a tenant anyway.

It boils down to the house is being rented, the deposit is X amount for the term of the lease and thereafter, if one of the tenants is leaving but the other is continuing. then the deposit still stands on the lease. The only way to truly do it right is to terminate the lease and have your roomie re-qualify and make all deposits in full separate from your current deposits.

Sadly, the laws all favor the landlords in this matter and it is likely stated in the lease agreement somewhere (you do still have the right?). If it is not, then it is at the discretion of the landlord or applicable state laws. Ignorance does not work in these matters.

I suggest you review your lease and any section on if and when you are month-to-month and see what it says. If it does not specifically address your problem, then you dont have much of a leg to stand on and that sucks and if your roomie is a good person and does the right thing he will give you your half as he will get the full amount upon termination. Now it wouldnt be unreasonable to assume that he may wait until he is out to ensure that they dont withhold anything. the other thing you could do is ask the management company to issue the deposit check in BOTH names and that way he cant *legally* cash or deposit it without your signature/authorization. sadly there is little to no verification on that at the banks.

Shitty man but thats the best i can do ya for.

- J

ars0n · 05-10-2013, 09:26 PM

Appreciate the in-site gang, thanks mucho! Going to speak with the pops tomorrow, (used to be an attorney)...

He is a super cool dood and known him for a very looooong time.. I dont expect him to be a dick about this. I am just worried about coming off like a dick, like hey man, pay up and if you cant pay up, then we gotta do this... I would like to have some options for the both of us that we can agree on. Trying to cover all the bases..

CBRrated · 05-11-2013, 09:50 AM

Is your friendship worth more than $600? If so, I reccomend letting it go....just my ¢.02

the falcon · 05-11-2013, 05:54 PM

When your buddy gets a roommate he should get a deposit from him and then give it to you.

christian · 05-12-2013, 07:37 AM

If it was me i would probably ask my friend as nice as I could, if he could cover the remaining half of the deposit since you are leaving and he will be technically staying in the house himself. If he would've rented another home by himself he would cover it in full anyways, so it shouldn't be different here.

If he doesn't have the funds or just says no, then I would just document everything and confirm that the house was in tip top shape (videos, pics, etc).. And when he moves out you can just contact the management co for your share.. If for some reason the house is in bad shape and you don't get your full share of the deposit, I would ask your friend nicely for share since you left it in good condition.

While I agree losing a good friend is not worth the $$, a good friend also wouldn't let you take the fall when it was his fault and not yours.

Good luck!

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