General Question

mkkkka's avatar

If I am getting a lease transferred to me, what happens to the security deposit?

Asked by mkkkka (11points) December 15th, 2021

A tenant’s lease is being transferred over to me with 6 months left. How should I split the return of their security deposit since I am taking over someone’s lease? Should I refund all of it to them, or should I give them half since they are leaving mid-lease and then return the other half when the lease ends? The landlord is keeping their portion of the security deposit until the lease ends in 6 months. This is my first time doing this so I am not sure where to start.

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7 Answers

Blackwater_Park's avatar

If you’re subletting from the tenant they’re usually responsible for the security deposit.

flutherother's avatar

To keep it straightforward the present tenant should end their lease so you can start a new one. You don’t know whether the security deposit will be refunded, or how much of it. I wouldn’t take over this lease without speaking with the owner. The present tenant might be breaking their contract by leaving early.

Inspired_2write's avatar

You do not get any of the security deposit only the original tennant will minus repairs etc

Be carefull as you are a new tennant in the eyes of the landlord so he can set the new rent and possibly raise it plus you have to give a new security deposit as well.
If you move in and the previous tennant did not clean it properly in other words left the place in a good condition as when he first moved in, then it comes off the security deposit plus you have to clean it at your own expense as well.

You might have to sign a new agreement ( more than likely) and give a security deposit plus first months rent otherwise he can kick you out.

It depends on the landlord as to what you and her/him agree too.

Tropical_Willie's avatar

Let the landlord sort it out before you move in.

filmfann's avatar

There is no easy answer here.
If the prior tenant took good care of the apartment, then you could trash it and they lose their deposit.
If they trashed their apartment, then you took good care of it, they are still going to lose their deposit.
If you equally trash the apartment, they are the ones who lose.
Let the landlord sort it out.

Pandora's avatar

Is the guy just adding you to his lease? If so and the landlord is refunding him half then you should only have to give the landlord half. In the end of 6 months the landlord will only give half the amount to him. So if you pay the landlord half and give the guy half, then you have to trust the guy will refund you what he gave you. The landlord can only give the first half back to his first renter because he’s still on the lease. So say the deposit is 1000. The landlord just gave him 500 back and is expecting 500 from you. I you give the guy the other 500 and the landlord 500 then the guy has his full 1000 back but legally the landlord cannot give you back the full 1000. Only 500 would be returned to you and 500 to the other guy. Provided no damages were deducted. Trust me when I say you are saving him money in the long run. A broken least could’ve cost him the security deposit for 2 to 3 months rent.

Also if he got the apartment for a lower rate because of the year contract, the landlord can get the savings added on for breaking the contract.
Be sure you are on that contract. because you won’t be covered under tenant rights without it.

Pandora's avatar

I forgot to add that at the end of the year the landlord will look over the apartment. He doesn’t have to care about assigning blame for who did what. If the apartment has some damages he will take it out from the whole deposit amount and then refund each person by splitting in half what remains. So if the deposit whole amount is 1000 and there is 300 dollars worth of damage then he will split the remaining 700 between you both.

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