How do I handle this? (Landlord situation)

Question

I paid a security deposit of $400 at the beginning of my lease. My rent is $1200/quarter (I'm a college student), which I paid for the first two quarters of school (summer and fall).

I left halfway through the school year to do a study abroad program and I found a sub leaser. When the sub leaser moved in, he paid for the first quarter and the security deposit, for a total of $1600 before he even moved in.

Now the lease is up, and I received my security deposit back, but my sub leaser called and said he never got his back and he thinks I should give him the $400 I received back from my landlord. I called the landlord who denied receiving two security deposits.

What should I do?

Answer 1

its no longer your problem.

tell him to find his receipt for his deposit or some contract to the landlord.

Answer 2

If you found a sub lessor you became that sub lessors landlord.  Did you have a contract with the sub lessor or did the actual landlord.  If it was with actual landlord you would have had to been released from your lease, and the new lessee would not be sub letting.  Subletting is between the lessee now the landlord) and the new lessee, not the original landlord.  In your original contract this should be covered.

Subletting is actually a legal term and has a specific definition.

You could be held responsible.

Answer 3

When you sublet your unit who was the contract between, You and the Sublessee or the Sublessee and your landlord?  Who did the Sublessee pay the $1600.00 to?  You or your LL?  If he paid you then you owe him the money,  If your sublessee paid everything directly to your LL and never paid any monies to you whatsoever, then the sublessee needs to pull receipts or copies of cancelled checks to show he paid a $400 security deposit on top of his $1200.00 rent.  It's up to your LL to track down what happened to the payments and the deposit.

I guess the question is did your lease allow for you to sublet?  Was your landlord aware of you subletting your unit to someone else and was he in agreement?

In my belief, if you sublet then the sublessee pays rent directly to you and then you in turn pay the landlord, usually the LL has nothing to do with your sublessee, he is there to collect rent from you since your name is on the lease, not from your sublessee.  If that's the case then you are responsible for paying the sublessee back his security deposit.  If you sent the entire $1600.00 to the LL then he's going to think it's additional rent and not an additional security deposit.  

Answer 4

A subleasor has a contract with YOU and not the landlord.

If you paid the $400 security at the beginning, then the landlord had no reason to take another deposit.

I think your subleasor is lying to you and trying to collect $400 that isn't owed.

The landlord had NO LEGAL BASIS for collecting two deposits b/c he legally would have sued YOU if your subleasor failed to pay rent, not the subleasor.

Answer 5

The main question in my mind is, who has the proof that the landlord was paid the deposit - you or the sublessor (ie who has the cancelled check or receipt, or whatever).  So, when the sublessor paid the $1600  did he give it to you or the landlord.  If he gave it to you (as a check I assume) did you forward the check to the landlord or cut him a separate check from yourself.  

If the sublessor gave you the money and then you gave the landlord a check from yourself then you are in the deal since its your check that proves the landlord got the money (but the sublessors check was cashed by you so they would sue you to get the money back - as far a they know you never did give the money to the landlord so their argument is with you and your argument is with the landlord).  

If the sublessor paid the landlord directly their argument is with him, you tell them to work it out with the landlord.  Even if they gave you a check and you then gave that same check to the landlord, its the landlords bank that then cashed the check so the sublessor (in my opinion) still has to go to the landlord for the money.

So, if you have the cancelled check from the landlord showing the deposit then you show this to the landlord as proof of the deposit and demand the deposit money back (take them to small claims court if they refuse) and once you get this money back send it on to the sublessor.  

If the sublessor has the cancelled check from the landlord they must take the landlord to court for the money back (first show them the receipt as proof and demand the money back again).

PS - If the proof of the deposit is lost then kiss the $400 good-bye.

Answer 6

The sub leaser's issue with his security deposit has nothing to do with you. It has to do what he purports to have paid the landlord. Refer him to the landlord for any refund.