QUESTION
Can my roommate keep my security deposit?
Asked on Jan 31st, 2012 on Landlord and Tenant Law - Arizona
More details to this question:
I have signed a month-to-month agreement to be a roommate in a house. The "Term" states it is month to month, however, in the section about "Deposit" it states Fullfillment of 6 month lease minimum. I have decided to move out after only living here 3 months due to not getting along with the homeowner. I have kept the place very clean and no damage to the house. Can he legally keep all my deposit money since I signed his agreement
1 ANSWER
The conditions for return of the security deposit conflict with the term of tenancy stated in the lease. This makes it difficult to predict whether a judge will give more weight to one provision than the other provision. Nothing was said about providing a written notice of termination, so I must assume that none was given, in which case you are responsible for at least one more month of rent. As for the deposit, it is not automatically forfeited. Instead, the landlord must provide you with an itemized list of deductions from the security deposit, which can include due and unpaid rent or future rent, if you did not provide a 30 day notice of termination.
Answered on Jan 31st, 2012 at 6:13 PM