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RobertJDFL
RobertJDFL, Attorney
Category: Landlord-Tenant
Satisfied Customers: 13896
Experience:  Experienced in multiple areas of the law.
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I have an ex that I lived with, he was not on the lease and

Customer Question

I have an ex that I lived with, he was not on the lease and I told him to months ago soon after we moved in. Unfortunately he is not stable and has been abusive. My lease is up and I have decided to renew. Can he get ugly and try to ask me for his 1/2 security deposit back that was essentially a gift to me as he was not on the lease. If I am renewing, I do not get a deposit back and I would think until I actually move out, that is the only time he could legally ask for it of me, correct? Not now
JA: OK. The Landlord-Tenant Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Landlord-Tenant Lawyer can help you best. Is there anything else important you think the Landlord-Tenant Lawyer should know?
Customer: I just did above...
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Landlord-Tenant Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.. Can he get ugly and try to ask me for his 1/2 security deposit back that was essentially a gift to me as he was not on the lease. .If he contributed half the deposit as a gift to you, then no, gifts aren't recoverable. If it was a loan, then he could try to sue you for it if you forced him to leave by evicting him through the courts. But the burden is on him to prove it was a loan, not a gift.. If I am renewing, I do not get a deposit back and I would think until I actually move out, that is the only time he could legally ask for it of me, correct? Not now.If you are asking him to leave, or you legally evict him, then he can request any deposit money back as long as he doesn't owe you any rent or money for damages he is responsible for.. But if it was a gift, then he is out of luck..As an aside, in addition to being an attorney, I have also been a landlord for over 26 years.....thanksBarrister
Customer: replied 1 year ago.
* typo: "I have an ex that I lived with, he was not on the lease and I told him to MOVE OUT months ago (back in Sept) soon after we moved in."
Expert:  barristerinky replied 1 year ago.
See my response above.
Expert:  RobertJDFL replied 1 year ago.
Good afternoon, new expert here, as the previous expert had to leave. I agree with what the other attorney wrote thus far. Did you have other questions or need clarification about anything else concerning this matter?