Two people sign a lease to rent an apartment together. At that time, one person pays the other person half the security deposit, so that one lump sum check is given to the management company. One person moves out and the new person moving in pays half the security deposit to the person moving out. They have a written agreement that half the security deposit is now in the new person's name. A new lease is also signed. The new person moves out and another person moves in. The newest person pays the management company directly with half the security deposit. Again, a new lease is signed. Legally, does the person moving out get half the security deposit back from the management company? (remember, the lump sum was written by one person)|||No, the management company does not get involved the unit is surrendered. The last one there will be the one the management legally gives the deposit to.|||The problem is that every time a change is made in occupancy, a new lease is issued with a new security deposit. This supersedes any past arrangements and the theory of one security deposit being made in the initial signing of the lease goes out of the window. That is because every time someone moves out, they get their half of the security deposit back from the leasing office and someone else who moves in, pays the other half of the security deposit again.|||You are missing documents in your scenario.
When someone moves out there is a lease termination letter from tenant that includes a request for return of security deposit, a move-out checklist and finally a written release from landlord which is supposed to include the return of the security deposit with deductions if any including reasons for the deductions.
If these documents are not happening, start making them happen and everyone will get their security deposits back.
Remember, from now on, when you sign your name to a promise, get a release from your promise when you have done what you have promised because in America people do not have to act unilaterally to release you from your promise even after you have done what you have promised.
As an example, if it weren't for a special law, landlords would never have to return security deposits unless it was requested in writing and they still don't have to in some special circumstances.
###
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment