Legal Question in Landlord & Tenant Law in Oregon
deposit
My room mate moved out and my husband and I stayed at the apartment. The real estate company will not give her half of the deposit back and now she is demanding that I give her half the deposit back from my pocket. she is threating to sue me for it. DO I have to give her the deposit? Will she win in court if I don't?
1 Answer from Attorneys
Re: deposit
This can go either way. There is now law that controls this situation. It would need to be determined between the parties involved.
The landlord is entitled to keep the deposit, as the roommate provided a deposit as a condition of being put on the lease (was the roommate on the lease?).
Has your roommate officially been released from the lease? I think the better view is that the deposit stays with the landlord and you don't have to refund it.
The problem is that you probably didn't consider ahead of time what would happen in this situation -- and any agreement between the parties will be construed based on an objective person standard, not your subjective intents.
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