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In order for the LL to remove your name from the lease your roomate would need the financial ability to pay rent on her own, apparently this wasn't the case, so, the other option is to find a replacement of your roomates choice, the applicant goes through the normal screening process, at this point your name is removed, you're released of the future
financial obligation of rental payments.
I'm not understanding why the LL was given the authority to choose the individual, unless, your roomate agreed it acceptable. The LL can not change the terms of the lease to a month to month agreement before its expiration. Legally, for reason of early termination, I believe the LL can keep your portion of the security deposit, but I would direct this question to another sourse, attorney or legal aid.
IMO, this LL is clueless about rental practices and state law.
That's a valid point. It should be the remaining tenant who finds the replacement roommate and the LL who approves them, not the other way around. I was just thinking "break the lease", not "one tenant is breaking and one tenant is staying". The LL doesn't have any responsibility to mitigate losses there, the remaining tenant just has to come up with the difference or find a new roommate. I didn't think of it that way, but you are correct.
Also, since this is a roommate situation, the LL may have no obligation to release the deposit to you at all. Our lease specifically states that any deposit paid will stay with the property until the last tenant named in the lease vacates. If a roommate breaks the lease and moves early, they need to collect whatever they feel they are owed from the remaining tenant(s), if the remaining tenant agrees, as that person will get the full deposit back when they move out. We don't care that Person A paid $500 and Person B paid $300. We only care that $800 was paid total. Deposit will be refunded to the last person(s) occupying. If a new tenant moves in, we reserve the right to collect additional rent from that person, thus raising the total amount of deposit on hand (mostly because if the new tenant doesn't have any "glue in the deal", they are more likely to cause damage). That is what the LL, in effect, is doing.
To all those who are saying you can't collect rent twice, I don't read the OP that way. I think that the LL was just saying that the OP will continue to be ultimately responsible for making sure rent is paid. I read "both" as "jointly responsible" rather than "both have to pay the rent".
So the LL did mess up by finding a replacement tenant without involving the remaining roommate. But I still don't think the security deposit is necessarily being handled incorrectly. We wouldn't release it under this situation either. The OP would collect from the remaining tenant.
Do you know how much the LL is charging in rent to the new tenant...that is important!
Since the LL hasn't stated that there is a difference in what the new tenant is paying and the OP I doubt there is a difference and the LL should have given in writing to the tenant if the tenant is liable for a difference in monthly rent due to breaking the lease.
IMO the LL has to respond in the same matter as if the lease has ended and has to sent by certified a specified letter stating what will be deducted from the security deposit due to damages. Since the LL find a new tenant her self that means the previous tenant is not liable for any damages that occur after the OP moved out otherwise it should be a sublet and the HO didn't except the tenants prospect but went along the one she find...can you still follow me...
If the LL wants to keep the sec. deposit until the end of the original lease due to a month to month lease she went into with this new tenant and not knowing if he will stay the entire time....than that should have been in writing before she moved the new tenant in. IMO by going forward with her own choice she admitted/agreed to break the lease and ended the contract...or the LL should have written this in a letter and have it signed by the previous tenant/OP.
The LL can not do whatever she likes the best and keep the previous tenant in limbo. The OP needs to try to get from the prospect she had...a written notice that he/she planned to take over the lease for the remainder of the existing lease...just to be sure if this ends up in court to show the replacement the LL denied was willing to stay for a longer period and not month to month.
At last...it shows this rental is hot and easy to rent out
Also, since this is a roommate situation, the LL may have no obligation to release the deposit to you at all. Our lease specifically states that any deposit paid will stay with the property until the last tenant named in the lease vacates. If a roommate breaks the lease and moves early, they need to collect whatever they feel they are owed from the remaining tenant(s), if the remaining tenant agrees,
You"re right, an LL legally does not have to release any of the security deposit, how the tenants divided the rent and SD has no bearing, the recovery would need to come from the roommate not the LL, EDIT which means charging an additional security deposit was unnecessary and illegal.
To all those who are saying you can't collect rent twice, I don't read the OP that way. I think that the LL was just saying that the OP will continue to be ultimately responsible for making sure rent is paid. I read "both" as "jointly responsible" rather than "both have to pay the rent".
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The OP states the letter indicates changes in the lease agreement with futher obligation to rental payments, I took it for exactly what it said.
Do you know how much the LL is charging in rent to the new tenant...that is important!
The rent is a set amount according to the rental agreement and that amount is to paid in full each month. How that amount is divided amongst the roommates, is over stepping an LLs boundaries.
One more note to the OP, concerning the letter, contact your Attorney Generals office and report the LL for wrongful rental practices
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