Hey,
I'm looking for some information / direction to where I can find the information. I'm currently on an apartment lease with 3 other guys that runs until August of 2007. But, I found a better place to live on campus, so I'm moving out, and I have a friend coming in and subleasing in my place. But, here's the problem I've run into.

When we moved in, we all paid $350 for a security deposit. As of right now, that money is still being held. But, when my friend who is subleasing in my place signed, the apartment charged him another $350 security deposit, but are still withholding my $350 until the lease is up. Thus, they have 5 security deposits for a 4 person apartment.

-Is the apartment complex legally able to hold both deposits, in spite of the fact that I'm moving out and someone is subleasing in my spot? ( I can't find any information about how this kind of thing works )
-Is it possible to get my deposit back before August?
-And if not, would it be possible to have damages assessed now so that I don't get docked for any damages that my subleasing friend may encure?

If someone could help me out here, that'd be greatly appreciated.
Thank You!

Hey,
I'm looking for some information / direction to where I can find the information. I'm currently on an apartment lease with 3 other guys that runs until August of 2007. But, I found a better place to live on campus, so I'm moving out, and I have a friend coming in and subleasing in my place. But, here's the problem I've run into.

When we moved in, we all paid $350 for a security deposit. As of right now, that money is still being held. But, when my friend who is subleasing in my place signed, the apartment charged him another $350 security deposit, but are still withholding my $350 until the lease is up. Thus, they have 5 security deposits for a 4 person apartment.

-Is the apartment complex legally able to hold both deposits, in spite of the fact that I'm moving out and someone is subleasing in my spot? ( I can't find any information about how this kind of thing works )
-Is it possible to get my deposit back before August?
-And if not, would it be possible to have damages assessed now so that I don't get docked for any damages that my subleasing friend may encure?

If someone could help me out here, that'd be greatly appreciated.
Thank You!

they should return your deposit as per in your lease agreement.

So, in other words, I won't see my deposit money until the lease is up in August? I'm just wondering, because for a college student like myself, that $350 is a decent chunk of change, and I have many-a-bills to pay. So, if there's a way to get it back, that'd be nice. If there isn't, I understand, but I'd like to have some verification as to what the typical proceedure is for this.


Thanks,
Scuzzo

So, in other words, I won't see my deposit money until the lease is up in August? I'm just wondering, because for a college student like myself, that $350 is a decent chunk of change, and I have many-a-bills to pay. So, if there's a way to get it back, that'd be nice. If there isn't, I understand, but I'd like to have some verification as to what the typical proceedure is for this.


Thanks,
Scuzzo


When you sublet, usually you collect security and rent from the person you sublet to, this is only if you are allowed to sublet in your lease....you are still responsible if the person subletting doesnt pay or damage the apartment. You have to talk to your landlord, that should have been settled once he agreed to let you sublet or assign the lease.... sounds like an assignment to me if he collected a security deposit from the new tenant if so he is required to return your deposit...

Assignment is when they let you out of the agreement entirely, then you can get your security deposit back.

So, does taking a security deposit from my friend, even though the forms we saw said it was a sublease, legally mean that it's an assignment? Is it possible to argue this and get my security deposit back?

So, does taking a security deposit from my friend, even though the forms we saw said it was a sublease, legally mean that it's an assignment? Is it possible to argue this and get my security deposit back?

if the forms you signed said sublease then thats what it is.....usually you ask the landlord if you can sublease if the landlord grants permission you act as the landlord to the person subletting meaning you collect the security and rents...i dont know what it is that you all did.......thats why i said it should have been discussed during the signing so things would be more clearer, ask your landlord for your security deposit to be returned to you, if he refuses then i would consider small claims court.