What are my rights to the security deposit?

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What are my rights to the security deposit?

I lived with a roommate and I moved out the end of the 1 year lease but he continued to live at the property. The landlord is refusing to return my half of the deposit because my ex-roommate still lives at the property.

Asked on September 28, 2016 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Since your roommate is still living there, the tenancy is not up; if the tenancy is not up, the landlord does not need to return the deposit. You have to seek your share of the money from the roommate (who will be reimbursed when his or her tenancy is up and he or she gets the whole deposit); you could potentially sue the roommate based on breach of contract (violating the agreement, even if an unwritten one, between you that you'd each be responsible for half the deposit), such as in small claims court.


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