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How long does it take for Direct Deposit to kick in?

I found a tenant to replace me, is my landlord going to take my deposit?

  • im still trying to get a hold of my landlord, but i just recently found out from a few sources that my landlord is know to keep deposits. me and my room mate are both students and are jointly obligated to pay rent since both our names are on the lease. due to unfortunate circumstances due to finances, i have moved out, but my room mate is still living there. my room mate agreed to pay the rent in full and my arrangements with a payment plan with him since i could no longer afford to pay. i talked to my landlord about this, she personally thought it was unfair for my room mate to cover for the rent (i did not tell her my payment arrangements with my room mate since these are personal affairs) but she also went on and explained to me that since we are jointly obligated, either one of us has to pay the rent in full or go splits on it, and since you are moving out and gave adequate time, find a replacement tenant within the next 30 days. within the time frame, i was able to find a replacement tenant and their name is now soon to be on the lease while mine will be taken out. since rent was paid on full and on time, and i had not abandoned or terminated my lease early, returned my keys, thoroughly cleaned out my room to its original move in condition, will my landlord: 1. take my deposit and charge the new tenant for the new deposit? 2. roll over my deposit to the new tenant (so i pretty much have to get my deposit from them) 3. refund my deposit in full 4. partially apply my deposit for my room mates portion of rent and get refunded from the other portion i live in florida if this helps btw

  • Answer:

    The landlord has no legal claim to your deposit under those circumstances. Landlord can keep the deposit (or a portion of the deposit) ONLY to cover out-of-pocket losses due to tenant's breach of lease. From your story, the landlord will lose NOTHING. Not only that, since you did not terminate your lease early, you didn't even breach the lease agreement. If landlord keeps any of your deposit, then sue landlord in small claims court.

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Unless you have a separate lease for each person (which is very rare for roommates), the full deposit stays with the apartment until all tenants on the lease have moved out. You could ask the new or remaining roommate to pay you what you paid on the deposit since they would presumable get it back when they move out instead of you. However, landlords do not refund partial deposits when roommates move.

As your landlord explained that you and your roommate are obligated to pay the rent jointly, that either one you pays or go splits on it, the same thing applies to how the security is refunded. Thus if your landlord agrees to replace your name for the replacement tenant (which also has to be approved by your roommate) you would no longer be a party to the lease and therefor not be eligible for a refund at the end of the tenancy. But if the landlord voids the original lease and writes a new one to include the new tenant with your ex-roommate, your security deposit would be forfeited, because the original lease would be in default. The landlord could require an entire new deposit from both the new tenant and your ex-roommate, require a deposit from the new tenant only or simply use yours to apply towards the new roommate. It is premature to charge the new tenant your share of the security deposit without knowing exactly how the landlord plans to handle it.

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