Breaking a lease before security deposit is turned in?
Hello, I have a joint lease with ten other people that we signed last night. Today, seven of them told me not to turn in the security deposit because they are having doubts about the lease. I still want to live here and four of us don't want to break the lease but I can't turn in a security deposit if they don't give me money for it. Are they legally obligated to turn in the security deposit?
- Barkley HoundLv 74 weeks agoBest Answer
The security deposit is usually held to cover damages and sometimes is it refunded after a year or so. Everyone who signed the lease is required to pay the rent for the period of the lease. If 7 of them want out they still must pay the rent. If they don't then you are responsible and will have to sue them.
- babyboomer1001Lv 74 weeks ago
Either give them the security deposit or get evicted, even if you haven't yet moved in. Why should they pay you for your security deposit?
- DEBSLv 74 weeks ago
Depends on what the lease says. Does it say it is valid from the date of signature or does it require the deposit to be paid as well? If the former, it would be considered breaking it if you didn't give the deposit. That means everyone who signed is on the hook for rent up until the landlord finds someone else to take over the place.
- 4 weeks ago
The contract is between you and the LL, not you and the roommates. They are all bound to it like you are.
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- Casey YLv 74 weeks ago
You have all signed...period. Doesn't matter if your friends want to back out now...
A lease is a contract, all of you are parties to the contract. Here is the thing to really fear here...go read the Joint and Several clause from the contract...are you scared yet?
- Anonymous4 weeks ago
Its one big cluster phuck. First is talk to the landlord & see if you can break the lease and then go from there.
With 10 people, its going to be difficult or impossible for them to all pitch in for whatever breaking the lease will cost.
- MaxiLv 74 weeks ago
ALL of you are individually and jointly legally liable, so if 7 are too immature enough to understand they are legally obligated to pay the security deposit and the rent for the whole rental period and can be sued, credit wrecked, get a CCJ against them and that will affect ALL of you, then you have issues, legal ones
- linkus86Lv 74 weeks ago
Let me guess … this is the first lease any of you have signed, right? Welcome to adulthood, your next lesson will be in a court room where you will learn that signing contracts isn't for giggles and that you can't change your mind after you sign without consequences. You need to explain that to your roommates, or let the landlord explain it to them. Now the bad news is that each one of you, singularly, is responsible for paying the entire deposit in full as well as the rent each month. How you determined to split the deposit and rent each month makes no difference unless it is also clearly stated in the lease. So, if one or more doesn't chip in, you alone, or the remaining people have to cover the shares of the people who didn't chip in or everyone will get sued (or evicted, or both). And it gets worse. If you don't pay the judgement against you, you will have a really hard time finding another landlord willing to rent to you because the judgement will be on your credit. Like I said, welcome to adulthood.
- SimplytheFACTSLv 74 weeks ago
you need to pay, if you don't, you get sued....you owe any lease break fees if you change your mind.
- PLv 74 weeks ago
They signed, they are definitely legally obligated. Hopefully you signed a type of lease that doesn't leave you liable for anything that your roommates refuse to pay.