Unexpected "extra" security deposit in Vancouver WA

[rikoyo]

Hello! I rent a house (WA state) with two other roommates (all on the lease), and both decided to move out. They gave me a decent heads-up and I was able to find two new roommates to replace them. However, our lease is not up until August 31st, thus the landlord said my current roommates (who are moving out) will not get their deposits back. But, he is charging a deposit from both new roommates. Is that legal?
Second, can the two roommates that are moving out get their deposit back?

[rikoyo]

Adding to it: The landlord is saying they are technically "forfeiting" their deposits by moving out mid-lease.

[Ruth4Truth]

They shouldn't be forfeiting their deposits, because you found replacements for them, so they're not breaking the lease in the sense of leaving the LL high and dry for next month's rent. You need to have the LL draw up a new lease and spell out ALL the terms, including what happens if someone moves out mid-lease.

[rikoyo]

Thank you for a quick reply, @Ruth4Truth!
One quick question then: How should the roommates that move out contact the landlord about their deposits? The only thing they got from the LL was "you should deal with the deposit internally, between yourselves, as by moving out early they are forfeiting their deposit." Or should I try to work something with the LL?
Also, the LL has already charged a deposit from the new roommates.
The only thing stated on the previous lease was:
"Any security deposit received from multiple Residents shall be refunded: (a) only when the last Resident
vacates the unit and terminates his/her tenancy; (b) made payable to all Residents, unless agreed otherwise by all Residents and Owner/Agent in writing; and (c) mailed to any single forwarding address supplied by Resident (if no forwarding address is supplied, it will be mailed to the Premises)."


Thanks!

[oregonwoodsmoke]

Nobody gets their deposit returned until the house is vacant and returned to the landlord. There is absolutely no way for the landlord to assess damage until the house has been returned to him and is vacant.

Your roommates legally owe rent through August. They are breaking the lease and they are not getting their deposit back. A lease is a contract and your roommates broke their contract. You don't just get to walk away from a contract because you don't t want to do it any more. They owe the landlord liquidated damages.

You don't think the new tenants should pay a deposit? If they do damage or don't pay rent, then you yourself are happy to pay for their damage because you are the only one there who has a deposit?

If you think the departing roommates deserve to receive their deposit money back, when you finally vacate the house and get the deposit returned, you can give the departed tenants a portion of it back yourself.

[StealthRabbit]

Your roommates legally owe rent through August. They are breaking the lease and they are not getting their deposit back. A lease is a contract and your roommates broke their contract.

This is the right interpretation and answer.

Legally, the roommates are under contractual law, and owe rent through the end of their contract. (Whether they are present or not). Security Deposit was for meeting their conditions of the contract. (Not to include rents due). Please post the actual rental agreement contract, and we can better explain it to you

If LL is taking individual rental applications and deposits for each tenant, there is a cost, and a contractual agreement, which needs to be fully met by each party.

It's no fun to be a LL and have all your assets and capital at the risk of each tenant. Btdt since I was age 19, but closing that chapter (and worry) of my soon to be short "enjoyment life" of not being a LL. Being an employer brings even more risk, liability, and drama. We (employers and LL) are not compensated for the drama / entitlement tasks we deal with 24x7. One of my 10 yr Vancouver area tenants is moving out this month. They are not being replaced. I prefer a summer of rest, rather than the ongoing saga.... it's physically and mentally draining. (And very risky).

[Ruth4Truth]

Originally Posted by oregonwoodsmoke

Nobody gets their deposit returned until the house is vacant and returned to the landlord. There is absolutely no way for the landlord to assess damage until the house has been returned to him and is vacant.

Your roommates legally owe rent through August. They are breaking the lease and they are not getting their deposit back. A lease is a contract and your roommates broke their contract. You don't just get to walk away from a contract because you don't t want to do it any more. They owe the landlord liquidated damages.

You don't think the new tenants should pay a deposit? If they do damage or don't pay rent, then you yourself are happy to pay for their damage because you are the only one there who has a deposit?

If you think the departing roommates deserve to receive their deposit money back, when you finally vacate the house and get the deposit returned, you can give the departed tenants a portion of it back yourself.

I bow to superior knowledge and experience!

[rikoyo]

Originally Posted by StealthRabbit

This is the right interpretation and answer.

Legally, the roommates are under contractual law, and owe rent through the end of their contract. (Whether they are present or not). Security Deposit was for meeting their conditions of the contract. (Not to include rents due). Please post the actual rental agreement contract, and we can better explain it to you

If LL is taking individual rental applications and deposits for each tenant, there is a cost, and a contractual agreement, which needs to be fully met by each party.

It's no fun to be a LL and have all your assets and capital at the risk of each tenant. Btdt since I was age 19, but closing that chapter (and worry) of my soon to be short "enjoyment life" of not being a LL. Being an employer brings even more risk, liability, and drama. We (employers and LL) are not compensated for the drama / entitlement tasks we deal with 24x7. One of my 10 yr Vancouver area tenants is moving out this month. They are not being replaced. I prefer a summer of rest, rather than the ongoing saga.... it's physically and mentally draining. (And very risky).

Hello again! Thank you so much for replying and providing so much valuable information. I can only imagine the stress/pressure of being a LL!


I understand and agree that they are/were legally under the contract until the end of August, however, given that we (me, the old roommates, and the new roommates) signed an addendum for Add/Remove of Tenants, my interpretation and the LLs is that now they are off the lease, and the new roommates are in. Thus, there was no lease break. The LL was not left high and dry because I found new roommates to fulfill the rent/income ratio and the number of occupants stayed the same (two left, two are added).


To give a bit more context: The LL was there for a quick inspection and pointed out that the painting will need to be redone (only normal wear, but understandable), but found nothing else. However, there is one other thing that I realize and have never actually known before starting looking for this information: we have never done an inspection checklist, nor I have signed one.


Going back to the deposit issue: What I don't get it is how the LL is having a larger deposit than what has been established (since a new lease was never done): he has mine $500 + $500 x 2 from the roommates moving out. And now, he will have $500 x 2 from the two roommates that moved in. Total: $2500, instead of the $1500 that was previously agreed on. We had done a roommate "swap" previously, and no additional deposit was charged (the new roommate paid the old roommate the deposit), only a background check was done.

Is there anything here I am not interpreting correctly?
Thanks again, I appreciate you taking the time to help me!

[texasdiver]

Originally Posted by rikoyo

Hello! I rent a house (WA state) with two other roommates (all on the lease), and both decided to move out. They gave me a decent heads-up and I was able to find two new roommates to replace them. However, our lease is not up until August 31st, thus the landlord said my current roommates (who are moving out) will not get their deposits back. But, he is charging a deposit from both new roommates. Is that legal?
Second, can the two roommates that are moving out get their deposit back?

I would suggest that this is an issue between your ex-roommates and the landlord, not you.

Let them take it up with the landlord. It isn't your problem. They are the ones breaking their lease.

[CrazyDonkey]

Originally Posted by rikoyo

Going back to the deposit issue: What I don't get it is how the LL is having a larger deposit than what has been established (since a new lease was never done): he has mine $500 + $500 x 2 from the roommates moving out. And now, he will have $500 x 2 from the two roommates that moved in. Total: $2500, instead of the $1500 that was previously agreed on. We had done a roommate "swap" previously, and no additional deposit was charged (the new roommate paid the old roommate the deposit), only a background check was done.

Basically there is an extra $1,000-deposit at stake. Since no signed walk-through inspection/checklist was done, you should ask him to do that (if he refuses, they and you can try to recover through small claims). So, he gets to keep both the old and the new deposits until the end of the lease. The simplest solution would be for the old roommates (and you) to pay for old damages and the new roommates (and you) to pay for any new damages, while any cleaning fee should be split.

Don't be surprised, however, if estimated painting/cleaning costs take up the old roommates' whole deposit, however, but he shouldn't be able to double-charge for that cost. If he doesn't agree, they can take him to small claims court and make him prove damages.