If I moved out early from my last apartment with my landlord’s approval and the new tenant’s already signed a new lease, how do I get my security deposit back?

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If I moved out early from my last apartment with my landlord’s approval and the new tenant’s already signed a new lease, how do I get my security deposit back?

I moved out in 3 months ago and the landlord still refuses to return my security deposit. The landlord says I need to get the deposit from the new tenant. The new tenant says I need to get the deposit back from the landlord and he will then in turn pay the landlord. It has been 3 months and both still refuse to pay me. I understand I broke the lease, but the landlord approved verbally and through text message which I still have. Isn’t my security deposit MY property anyway? Isn’t it the landlords responsibility to give me mine back and get the deposit from the new tenant?

Asked on November 21, 2012 under Real Estate Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country a landlord is required to return a tenant's security deposit after move out within 21 to 45 days depending upon the state of residence. From what you have written, you need to do a written demand letter to your former landlord for payment by a due date. If not paid, then small claims court seems to be your recourse to get your security deposit back.


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