Legal Question in Real Estate Law in Ohio

Moving Out

me, my boyfriend and a friend moved into our apt. in august. our friend told us nov 17 that she wants to move out in december. she is not the leasee of the apartment and lives here through us. in talking w/ our landlord she informed us that she must be out by the first or will charge us full rent for her utilities. in telling her this, she became defensive and wants us to pay her her share of the deposit which was split 3 ways. by law is she still entitled to her deposit since we don't physically have it or access to it?? since she gave only 2 weeks notice to moving can we deny her deposit return? we need to settle this asap please help!!


Asked on 11/24/02, 2:09 pm

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: Moving Out

If you're not able to reform the lease with the landlord, and immediately get the security deposit back, then there is a constructive trust imposed on the remaining two to hold, and return the security to the 3rd party at end of the lease. You have no set off against that money for what is owed to you until the end of the lease.

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Answered on 12/04/02, 3:19 pm


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