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Ask LegalKnowledge Your Own Question
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 24480
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Back in November I unintentionally had to move from

Customer Question

Hi,
Back in November I unintentionally had to move from Florida to Texas after the death of my mother but was in a lease with a roommate. She was able to find another roommate however none of my deposits (apartment/lights) were refunded even though I have a text from the roommate stating she would refund me. I Have not heard anything back from her after multiple attempts of contact and would like to know what legal action I am able to take. This has been completely stressful for me and I have incurred sleepless nights, hair loss, and severe depression.
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good afternoon. When is the lease supposed to end? Does the landlord have the deposits or did you pay them to the roommate? Did the new roommate have to give any deposits?
Customer: replied 1 year ago.
Hi,The lease was not set to end until Jun 19, 2015. The deposits were paid directly to the leasing office and were not required from the new roommate.
Expert:  LegalKnowledge replied 1 year ago.
Thank you. Once a lease ends and the tenants vacate, the landlord/owner would need to perform a walk through inspection to make sure that there was no damage or repairs needed. It would be at that time, that the security deposit would be returned. If someone moved in, they likely subleased from you, unless they signed a new lease with the management. If the lease expired last month, then the deposit should be returned and you needed to advise the management that you would not be renewing and vacating. They may assume or think that you are now going month to month and holding the deposit until you leave. Your old roommate does not have the deposit, it would be the management, so you need to find out if they made them aware of this new person moving in, if she is on the lease and if they know you vacated, so you can get your deposit back and they can collect a new one from the current tenants.
Customer: replied 1 year ago.
Unfortunately the complex has told me there is nothing they can do and the deposit would be returned to the roommate on the lease
Expert:  LegalKnowledge replied 1 year ago.
If you are not on the lease and it is only her, then that is true if it was refunded. As such, if she refuses to return the deposit which you are owed, then you would have to sue her to recover it. She has no legal right to it, if there was no damage or repairs needed, so you can advise her you will sue her and go after her for the associated fees and costs as well, since there is no basis for her keeping it and not returning it and she can simply get a deposit from the new roommate.
Customer: replied 1 year ago.
Thank you. I will seek legal action.
Expert:  LegalKnowledge replied 1 year ago.
You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time, prior to leaving, so I can receive the proper credit, for our time together. Thank you.