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I was in a lease with someone a few years back. She wanted…

Customer Question
I was in a...

I was in a lease with someone a few years back. She wanted to be removed from the lease.so she was. When I moved out of the property she is feeling that she is still entitled to the deposit? Is she legally entitled to 1/2 of the deposit back?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No I have not done anything. Just wanted to know the legalities before I proceeded

Lawyer's Assistant: Where is the property located?

Brentwood, CA

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of

Submitted: 4 months ago.Category: Legal
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Answered in 1 minute by:
3/23/2018
Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,323
Experience: Licensed to practice before state and federal court
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Hello! I am a CA licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 4 months ago

Thanks for your patience. The answer to your question is no; the person is not going to be eligible to get a return on the deposit. A court would likely determine that if a person gave up their responsibilities for cleaning and damages at the end of the lease by leaving the lease early, they also give up their right to the deposit. In your case, because this person exited the lease early, you're going to be responsible for any cleaning or repairs that need to be made on the property. The landlord can deduct from the deposit to take care of these things and if the deposit is exhausted, then you will have to pay this, not the co-tenant. If there is money left over, you are entitled to the deposit money 21 days after you move out under California law and the person who left the lease early is not entitled to it. If you agree otherwise, you're welcome to arrange something different, but the law doesn't require this.

What other questions did you have for me today that I can help you out with:-)?

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