How can I get my security deposit back in a situation where the gentleman who took over my lease was supposed to pay me for it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How can I get my security deposit back in a situation where the gentleman who took over my lease was supposed to pay me for it?
I recently moved out of my old apartment, broke the lease, and found someone to replace me in the apartment. The landlord requested that he provide me with a security deposit instead of the new tenant paying the landlord. I have not received a security deposit from the new tenant, and have requested open lines of communication with him, and have even asked if a payment plan would work well for him. He has reacted very aggressively and has even threatened me. What should I do?
Asked on January 4, 2012 under Real Estate Law, Michigan
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you found a replacement tenant for your former unit that the landlord is willing to accept as a tenant in your place where the new tenant pays the landlord directly the rent and not you, the replacement tenant has no obligation to pay you the requested security deposit if called for in the new lease with the property's owner.
Rather the new tenant would be obligated to pay the security deposit that you have written about to the landlord who owns the building if you are not truly sub-leasing the unit to him. I would speak with your former landlord about the security deposit situation in light of my answer to your question.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.