Is itOK to withhold a deposit from aroommate who moved out early?
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Is itOK to withhold a deposit from aroommate who moved out early?
I was living with 2 other parties; 1 of the parties moved out a month before the lease ended. The other party and I filled in and covred the other roommates rent. We feel that this other roommate is not entitled to their share of the deposit ($259) because they did not fill their obligation on the lease. This roommate feel that they owe nothing because they never signed the lease (there was an extension that they failed to sign). So are we in the right to withhold their deposit?
Asked on September 21, 2011 under Real Estate Law, Colorado
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I have to say that I am a little confused as to who the "landlord" is here: you or your landlord that signed the lease. If she stayed in the apartment after the expiration of the terms of the original lease then she is a month to month tenant regardless if she signed the extension document. A a month to month tenant she has to give 30 days notice of her intent to leave and pay the rent until then. Now, the law in Colorado regarding security deposits is clear: the security deposit may be retained if the damage to the apartment is over and above normal wear and tear. It does NOT allow you to with hold the deposit for rent that is owed. So you need to return that portion that is hers and sue her for the money. Good luck.
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