If after my lease was upI moved out but my roommate stayed in the apartment, canI get my deposit back now or doI have to waituntil theymove out?

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If after my lease was upI moved out but my roommate stayed in the apartment, canI get my deposit back now or doI have to waituntil theymove out?

The lease was up last month. I moved out and my housemate stayed. He is now on a month-to-month basis. Am I entitled to my half of the security deposit or do Ihave to wait until he moves out?

Asked on January 9, 2012 under Real Estate Law, Maine

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your lease was up and you moved out where your roommate remained on a month-to-month basis, you are entitled to have your security deposit returned to you by your former landlord within 21 to 45 days of move out under the laws of the state you reside in.

You do not have to wait until your former roommate moves out. I would write your former landlord requesting the return of your security deposit by a set date. Keep a copy of the letter for future need and reference. If you do not get the security deposit by then, your option is small claims court.


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