Legal Question in Real Estate Law in Oregon
Old roomate won't give security dep back
I signed a 1 yr lease with 2 other roomates. Due to personal differences I have moved out and they now have a new roomate, however,they will not return my portion of the security deposit. Am I entitled to that now or when the lease is up? The rental agency we went through has told themthey dont need to refund it to me-is that true?
1 Answer from Attorneys
Re: Old roomate won't give security dep back
The property manager does not have to return any security deposit until all the tenants have left the property. You may have a claim agaist your ex-roommates, but not until they get the deposit back or until they get a deposit from your replacement.
It is a good idea to get an agreement with all co-tenants about what happens if one of you leave before the rest. This agreement should be reached at the time you enter into a rental agreement.
Since you signed the lease, the landlord could come after you when the rest of your co-tenants finally leave the property if they fail to pay rent or damage the property. You might want to request that the landlord release you from the lease now. (Understanding that such a release is based on the landlord' kindless. There is no way to compel the landlord to release you from the lease ahead of time.)
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