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appatment deposits

 
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captain_fat



Joined: 07 Sep 2006
Posts: 10

PostPosted: Thu Dec 28, 2006 6:17 am    Post subject: appatment deposits Reply with quote

hello

im wondering if anyone can breifly school me on appartment deposit- etiquite and expectaions.

I have a roommate who will be moving out shortly for personal reasons. We need to find a new roommate by February.

1) If we fail to find a new roommate by then am i responsible to pay her share of the rent until I can find a new roommate? Or will the two month deposit be used to make up for the her share of the rent until a new rommmate is found

2) Assuming the deposit is not used or needed to cover any missing rent for the month of february will anyone see this money if we make it to the end of the lease in December and there is no damage to the appartment

3) When looking for a new roommate to move in will they be asked to pay a deposit? If not is it acceptable to ask them to pay the 2 months deposit to the person leaving assuming the new roommate wil get it back in december (if everything is in good order)

just as backround knowledge my landlord lives in Taipei and doesnt seem too concerned about building aside from making sure its in reasonable shape to lease to tenants

thanks for the help
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dangerousapple



Joined: 18 Apr 2006
Posts: 292

PostPosted: Thu Dec 28, 2006 8:41 am    Post subject: Reply with quote

Your landlord only cares about getting the rent, and doesn't care about who pays what share. If he doesn't get his rent you'll get turfed pretty fast. If you make it to the end of your lease you should get your deposit back, but you might need to argue a bit. Landlords hate giving money back for any reason.
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TaoyuanSteve



Joined: 05 Feb 2003
Posts: 1028
Location: Taoyuan

PostPosted: Thu Dec 28, 2006 10:14 pm    Post subject: Reply with quote

If your roomie leaves before the end of the lease, leaving you to pay 100% of the rent, you can keep her share of the deposit. It's no different than if she had rented the place on her own and walked out on the lease; she would forfeit her deposit. You could ask the next roomie to pay half the deposit and then refund your current roomie's share if you wanted to be nice.

I suppose if you are nice you could tell her that you will pay 100% of the rent until you find a new roomie, deducting that extra cost from her share of the deposit to be returned at lease's end. If you find a new roomie in the first month, and s/he pays the rent and half the deposit, you could refund 100% of the deposit to your former roomie. 50% could be refunded if you find someone in the second month and have to pay one month's rent by yourself. 0% if it takes two months or longer to find a replacement. You are being nice to do it that way because she is walking away from her co-tenancy agreement with you and leaving you 100% responsible fo the balance of the lease. The reasonable thing for her to do would be to just forfeit her half of the deposit like she would have had to do if she were renting the place by herself.
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jeffinflorida



Joined: 22 Dec 2004
Posts: 2024
Location: "I'm too proud to beg and too lazy to work" Uncle Fester, The Addams Family season two

PostPosted: Sat Dec 30, 2006 4:18 am    Post subject: Reply with quote

Hold the phone... What AGREEMENT did you and the roommate have when you rented the place or they moved in?

If you agreed to each pay 50% of the rent and utilities then the rommie who moved out should have to pay their share - if that is what you agreed.

If you really had no agreement then you are probably stuck to make up the difference.

Did your school get you this apartment or make any commitment on paying the rent?

In the future you should have an understanding regarding terms if one of you moved out.

I had this situation in China. I got hooked up with a guy who had a 3 bed room apt. and he was by himself. i paid 50% of the rent and utils to him - which was ok.

He paid 3 months up front when he rented and committed to a one year lease. He left after 2 months with the intention of not coming back.

I paid month # 4 in whole and then he popped up after being gone for 1 1/2 months, had a set of keys to the apt. after he told me he gave them all to me, and decided to come in one day when he thought no one was home.

He gave no reason for this entry and quickly left. I changed the lock and he tried to come in again. Said I owed him for 1 month rent and the deposit. I said no way man! he called the police! who called the owner, who verified to the police that i paid the 4th month rent to him.

Owner did not give him back the deposit because he broke the one year lease and the dude expected me to pay him all this money. I refused to give him a cent.

So we had this big thing happen because we had no agreement about the future.... the what ifs...
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clark.w.griswald



Joined: 06 Dec 2004
Posts: 2056

PostPosted: Tue Jan 02, 2007 2:33 am    Post subject: Re: appatment deposits Reply with quote

captain_fat wrote:
1) If we fail to find a new roommate by then am i responsible to pay her share of the rent until I can find a new roommate? Or will the two month deposit be used to make up for the her share of the rent until a new rommmate is found


The deposit remains intact until you move out. It is a security deposit that covers any breakages, uppaid bills etc. You cannot eat this up as rent.

If your name is on the lease then yes you will need to cover the full rent until someone else moves in to help you out. If your name is not on the lease and you did not pay the deposit then feel free to move out if you can't find anyone to move in.

captain_fat wrote:
2) Assuming the deposit is not used or needed to cover any missing rent for the month of february will anyone see this money if we make it to the end of the lease in December and there is no damage to the appartment


Generally speaking yes. Of course there are some bad apple landlords here just as there are back home. If however you don't get the deposit back then be sure to pursue the matter.

captain_fat wrote:
3) When looking for a new roommate to move in will they be asked to pay a deposit? If not is it acceptable to ask them to pay the 2 months deposit to the person leaving assuming the new roommate wil get it back in december (if everything is in good order)


The person whose name is on the lease is responsible for the deposit so unless the new person is signing a new lease with the landlord then the landlord won't care and won't be collecting a deposit from the new person as they already have one from you.

The person whose name is on the lease should protect him or herself by collecting a security deposit from the new person, but this would probably not be the full amount of the apartment rent but instead two times the persons rental.

If you are the leasee then the landlords deposit would have come out of your pocket and therefore you will get that back when you move out. You should in turn give the other person any deposit they paid to you when they move out.

Did the person who is leaving pay a deposit to you? If so then you should pay that back to them. If they paid it to the landlord then they need to pursue that matter with the landlord but he or she won't give it back until you all move out, or until someone signs a new lease and pays a new security deposit.
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captain_fat



Joined: 07 Sep 2006
Posts: 10

PostPosted: Wed Jan 03, 2007 7:48 am    Post subject: Reply with quote

hi guys we have a new roommate (3 person place) and everything is all in order thank you for you help
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