Legal Question in Real Estate Law in Pennsylvania

I live in Pennsylvania. I am on a lease with 2 other people. The end of our lease is in April. One person is moving out and 2 are staying. What happens with the security deposit. The person that is moving out seems to think that I have to pay them their share of the deposit but from what i understand is that the security deposit is not returned until the property is vacated by all tenants.


Asked on 2/09/11, 10:54 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Most leases make every person on the lease fully responsible. If that's what your lease says, then as far as the landlord is concerned, each of you is responsible for the entire rent, no just 1/3 of it.

Security deposits are not returned until after the lease ends, the tenants have moved out, and the landlord is satisfied that the tenants have not caused any damage. The landlord has 30 days after the end of the lease to return the deposit IF the tenant[s] have provided their new address.

If the person moving out continues to pay his or her share of the rent until the end of the lease, you should share the returned security deposit, or whatever is returned to you by the landlord. If the person moving out continues to pay his or her share of the rent until the end of the lease, you and your remaining apartment-mate will have to split the rent obligation 2 ways.

When and if you get the refunded security deposit, you may figure out what 1/3 of the rent would have been for the 3rd person, deduct that from the security deposit amount, and if there's anything left over, share that 1/3 each.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 2/10/11, 6:20 am


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