UPDATE: Still need help with deposit

[notbob]

Ok, here's the summary of the situation:

Last year, I leased a house with 4 other people. Each person's name was individually on the lease, and we each put in an even share of the deposit.

At the end of May, the lease ended. I moved out, everyone else stayed. My name is not on the new lease for this year.

I have not recieved my deposit back yet.

BUT,

The landlord tells me that one of the other tenants owes her money still from a deliquent payment, and that I cannot get my share of the deposit back until that matter is settled.

Is this a valid reason, or is she just screwing with me? Can I take her to court or do I really have to sit here helpless until the matter is sorted?

Any help would be greatly appreciated, thank you.

[Lester]

No, it is not a valid reason to withhold your security deposit - unless the lease says so. However, I doubt the lease would say such a thing but you need to read the lease over to make sure. If the lease says nothing then bring her to small cliams court.

[notbob]

Thank you very much. I'm going to read over the lease again today to make sure. I need the deposit money for books for this semester :(

[notbob]

There are a couple things in the lease (it's rediculously long) that raise some questions.

55. Arbitration

(a) After the tenant vacates the property, all disuputes (whether arising out of this lease, or statutory obligations or any other source) between the landlord and the named tenant or guarantors shall be resolved by binding arbitration conducted by American Arbitration Association...

(c) In the event the tenant files a lawsuit in violation of the agreement to arbitrate, such filing shall be deemed to be frivolous and the Landlord shall be entitled to make application in the court wherein said suit was filed for such legal fees and cost as may be appropriate...

Does this mean I can't even take her to small claims court? If not, is there anythign I should know about this arbitration process?

[Chargingrhino]

Your stuck waiting till is settled.
The purpose of each person on the lease is to hold each member accountable in full.
Therefore any financial issue regarding the current lease is ENTIRELY your concern. I know you have left and some one replaced you. However with the financial issue the landlord has, it was introduced during your term. Also check that the landlord has absolved you from the new lease. Perhaps your old roommates never canceled you out or the new person was not included in the new lease. See it yourself in writing. DO NOT take anyones word for it. Error on the side of caution and protect yourself.

Next time have the new roommate, your replacement "PAY YOU" the security not the landlord or other house members.