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lildove1960 | Breaking a lease? |
My daughter recently signed a year lease with her best friend, after living there for 3 days the friend moved out, my daughter ran an ad and found a roommate after a month, now the friend is suing my daughter for return of her deposit,,in my opinion the friend broke the lease forfeiting the deposit, regardless of what the new roommate paid. Has anyone been through this, and been sued, what was the outcome, any answers would be appreciated. |
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KYRealEstateGuy
 |
I agree with you. And if you really want to get technical about it. The deposit was paid to the landlord, not your daughter. Leases are meant to commit people to a set of terms, so I have very little pity for those that break their commitments and then try to get every penny back out. |
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lisa
 |
Did both sign the lease agreement? I wouldn't give the "friend" anything, in fact, I'd consider counter-sueing if both signed. What a pain in the neck! I'm glad she found another roommate. |
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Belle
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The friend would be entitled to her deposit if she left for a major reason. An example of this would be if she were in a dangerous situation. If she feared (with proof) for her own personal safety, she could legally break her lease. Also, if a roommate is posing a threat to her (doing drugs, bringing in strangers) or something like that, she would be awarded her deposit. However, just leaving because of personal conflict, she would have to sacrifice her deposit. Also, I will add that she had the burden of helping your daughter find a replacement, which she obviously didn't do. So, unless she had a viable reason for leaving, she does not get her deposit back. Maybe she should've watched Judge Judy first and learn this herself. :) |
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urrrp
 |
I assume your daughter is named on the lease. The lease is between your daughter and the landlord. I assume the other girl put up half of the deposit and your daughter put up the other half of the deposit. I assume there was no agreement between your daughter and the other girl about the deposit.
Here is the deal - the other girl did not "break the lease" because it doesn't sound to me like she was ever on the lease. Your daughter is on the lease. You may have thought that there was some kind of agreement between your daughter and the other girl about the deposit, but unless such an agreement was reached, there was no ageement. Also, why is the other girl suing your daughter and not the landlord who, presumably, is the one holding the deposit? |
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scooshy
|
i don't think she could be sued for breaking the lease in fact if anyone could have to lose the money it the person who broke the lease not your daughter
as for getting sued that's a bit of a joke
tell you're daughter not to worry about the old friend and get on with her life without her i think she would be better off |
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connemara
|
To whom did the friend pay the security deposit? Directly to your daughter? She should have paid it to the landlord. If the latter is true and the friend's name is on the lease, she needs to deal with the landlord. If the latter is true but her name is not on the lease, she is SOL. If however, the friend paid your daughter directly, then personally, I would refund the money minus the cost of running ads to find a new roommate. Why risk all the animosity and a lawsuit? Really, it's not worth the aggravation. This is why it is rarely if ever a good idea to rent with "a friend." Actuallly, renting with anyone else usually leads to disaster somehwere down the road. And besides, the so-called friend could really only take your daughter to small claims court on this one, since the amount of money involved is I am assuming, well under $5,000. Have your daughter pay the biddy and be rid of her! |
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My two cents
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I cant say for sure, but you do sound right. Because if say, your daughter rented the place by herself, she would be giving up her non refundable deposit. Go over the lease and make sure that it does say non refundable. Even so, the person she should be suing for her money back should be the landlord, not the tenant, after all, she doesnt have the money, it has been handed over. Good luck! |
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Princesa
 |
I think you are correct, the roommate did break the lease therefore should not expect her deposit back. You might want to try consulting the www.peopleslawyer.net. |
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Joel
|
I am assuming that they both signed a lease with the landlord not each other, however it is for this purpose basicaly the same result. the judge would throw it out for 2 reasons.... number one, both are responcable for the entire rent for a year. the fact that your daughter found somone to carry her friends portion, does not exuse the friend of that responcability. that is why a deposit is posted to garrenty the contract is followed through on.... there is a consumer law issue in which someone can back out of a lease in 3 days with the landlord, however if she didnt do that, she has no right left.
If I were your daughter I would counter sue for lost rent for the days she had to pay the rent alone, utilities for that time, the time and/or cost of finding the new person ect..... your daughter would win..... to save a friendship ( if it is worth it) she wouldnt have to docket the judgement of collect on it. |
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NYC Chutzpah
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Has the new roommate given your daughter the money for the deposit?, if so I would refund the ex roommate's deposit money minus the cost of finding a new roommate IE cost of the ad and a little bit for aggravation |
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