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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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Three tenants A,, and C signed a lease (jointly and

Customer Question

Three tenants A, B, and C signed a lease (jointly and severally responsible). Tenant C left one month before lease was up and stiffed A and B for last month rent. A and B paid and have signed new lease with me and the same property. Agreed to use the safety deposit that was paid on old lease to continue on new lease. Tenant C is claiming money is owed to him. Am I right in using the safety deposit for the new lease?
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  LandlordTenantAnswer replied 11 months ago.

Good afternoon. The security deposit would need to be refunded, if the lease ended and a new lease was signed, involving different parties. Here, Tenant C had previously given a security deposit and they no longer reside there. As such, they would be entitled to their share back ( I am not sure how it was paid by A,B and C to begin) but it should have been returned since the lease was not renewed, since the tenants did not remain and a new lease was entered into, with just A and B. You could then demand a new deposit for A and B, since C is entitled to their deposit back or a portion thereof.

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