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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33702
Experience:  Attorney for over 15 years, landlord 26 years
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I signed a one least with a person she moved out. The least

Customer Question

I signed a one least with a person she moved out. The least is up in one month.Their is deposit moneys and the rental agent say that the deposit has to be in both names and both must sign. I April the agent came to the house for an inspection an found out that other person ead living there. She sent notice that they would have to be out in ten days or Our least was breached. I made that happen thsy were gone also she agent eas told that the other person had moved out in February. Now i am told that the deposit had to come in both names and i can't use the deposit for the last months rent. What can i legally do.I found and apartment but eill be stretching trying to pay both rents.I am retired and get social security.
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
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Expert:  barristerinky replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can..Unfortunately, even if the other person on the lease moved out, the landlord has to refund any deposit to everyone named on the original lease agreement and it is then up to the tenants to divide up the deposit between them as appropriate..If the tenant who moved out didn't pay rent as agreed, then you would have grounds to sue them for breach of contract if they didn't pay their portion of the rent so as to prevent a breach with the landlord. .But unless the lease specifically allows you to use the deposit for last month's rent, then you can't do so. This is rare in a lease because a deposit is for damages, cleaning and any delinquent rent and if the landlord let a tenant use the deposit for rent, then if there are damages, then they don't have any money to put towards those costs. The landlord then would have to sue the tenants for the cost of any damages since they wouldn't have the deposit to use..With that said, if you didn't pay the last month's rent, then the landlord would be able to give you a 5 day notice to pay or vacate and then pursue a formal eviction action if rent wasn't paid. They would then be able to legally use the deposit for any damages or delinquent rent that was due..So if you were able to move to the new apartment prior to any eviction, then if the landlord filed the eviction action, it wouldn't affect your ability to rent elsewhere because you would already have a new place...thanksBarrister

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