I'm moving out, my roommates are staying - Do I get my security deposit back?

I live with 2 other girls. We each paid an equal share of the security deposit ($200 each). In addition, though, since I have a dog, I paid a pet deposit of $750.


Our lease ends in February and I've decided to move out. My roommates want to renew the lease so they are looking for a girl to replace me.


I called the leasing office to ask how they would return my security deposit and she told me that the deposit stays with the apartment and that I should work it out with my roommates to get my deposit back. My roommates agreed to ask the new girl to pay me my part of the equal share of the deposit ($200) but that they weren't responsible for refunding me the pet deposit. I agree with them.





I think it's unfair that the leasing office is keeping a deposit for a pet that is no longer in the apartment. I offered to have them do a walk through of the apartment since most, if not all, of the furniture in the common areas and in my room ( which is where the dog spend her time - she isn't allowed in the other rooms) will be gone, but they said that they couldn't do a walk through until everyone was moved out.





I just want my $750 back. :(





Can I do anything or is the law on their side?|||The law supports the land lord in this case. Any deposit paid is kept until the move-out is complete.|||Technically the lease is ended and all deposits should be returned





The people remaining would then be entering a new lease with the new girl and her name on the lease...you cannot renew a lease if one of the parties leaves because it changes the duties, rights and responsibilities.....you are freed from all rights and responsibilities and the new person agrees to them





Also the idea that they cannot do a walk thru when a resident leaving requests is 100% false...you would be leaving and so they have right to see if you caused any damages to your private room





The claim that they cannot return a seperate deposit made to cover a pet once pet is gone is also 100% wrong





Tell the Leasing Office that as you are not going to live there anymore then any pet deposit they hold is in violation of tort law and you will be contacting the attorney general office|||I can see getting your share for the deposit from the new girl since she would have to pay if she was moving into a new apartment.





The pet deposit is between you and the management. In most cases the pet deposit is not returned because the management must have the carpet cleaned and have the apartment treated for fleas/ticks before a new tenant can move in. Just because your friends are staying doesn't mean you should get the pet deposit returned.





If you pay to have the carpet cleaned and treated for fleas/ticks you should be able to get your pet deposit back. Paying to treat for fleas/ticks can be expensive since it is not a one time treatment. This usually requires three treatments of the apartment. The first treatment then two more treatments 21 days apart to kill new fleas/ticks hatching from eggs.





If the management refuses to return the pet deposit and you strongly believe you deserve it returned then you can file a small claims lawsuit. Depending on the rental laws of your State the court may order it returned to you. In most places a small claims filing is inexpensive only requiring a small fee and a fee for authorities to serve the summons.|||I'm afraid the law is on their side. They're not required to return any portion of the deposit until the lease expires, and the renewal extends the current lease. Unfortunately for you, you will have no control over the apartment over the next lease term, and your roommates could bring in pets of their own or cause other types of damage that could potentially be blamed on the presence of animals.





If I were you, I'd take lots and lots of photos of the condition of the apartment as of the day you leave. You may even want to ask your roommates for signed documents relieving you of responsibility if they should bring in another pet. If your deposit is withheld for damages that occur after you leave, you will need them as evidence in civil court against either the LL or the roommates.