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Dave Kennett
Dave Kennett, Lawyer
Category: Real Estate Law
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Experience:  25 years experience
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My fiance moved in with me 11 months ago but never was added

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My fiance moved in with me 11 months ago but never was added to the lease. My landlord knew he was living there and on several occasions asked him to help her out around the building. Now that we've moved out, she claims that since he was never on the lease I am not due my security deposit. Can she do that?
DearCustomer- This would appear to be a clear violation of the laws regarding deposits for rental properties. Unless the landlord claimed a breach of lease at the time your fiance moved in there is no basis to keep the deposit and you can sue for its return and ask for double damages. Many attorneys will take these cases on a contingency basis whenever excess damages are available so you may want to contact your local Bar Association for a referral to a local real estate attorney. A deposit is to be used for the purpose of covering damages to the rental unit and not for some technical violation of the lease for which there were no damages. If there was nothing in the lease with respect to having another person in the premises then it's not even a violation of the lease. You definitely have a right to have your deposit returned.
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