Subletting and security deposits?

Question

I live in a 3 bed apartment. When we moved in, two of the previous tenants moved out, and one stayed, so my roommate and i moved in with the remaining tenant. After two months, the previous tenant's lease expired and she moved out. My roommate and I resigned the lease with another person. This is where my question comes in.

When my roommate and I initially moved in, we signed an agreement stating that we waived all rights to a cleaned, painted, apartment and they (the vacating tenants) assigned all of their security deposit to us.

Now they have all vacated, and we are on our new lease, and suddenly they call up today asking for their security deposit. They said we owe it back because one of the tenants didn't move out early. Who has the rights to the money?

Answer 1

This entirely depends on which jurisdiction this tenancy is in. For instance, the answer to this question would be completely different if the tenancy was in Ontario, Canada, then for example, Illinois, USA. Therefore, it is impossible to answer the question without more information.

Answer 2

idk - but this is a prime example on why subleasing is typically illegal. it just gets too messy & confusing.

If they signed the deposit to you then I say it is yours and they are SOL.

Answer 3

i'm pretty sure its your money if they signed it over to you. reread the lease and information involving it. if it says its yours and doesnt mention anything about needing it if someone leaves early, its all yours. just a word of advice, dont sign group leases. sign individually. otherwise the landlord can come after you for things your roommate does.