Landlord and Tenant Rights and Responsibilities

questions & answers

Question: Can my 1/2 of the deposit be withheld if I comply to my notice to vacate and leave before lease is up and my roommate stays aka “squats”. He has decided to stay and never gave his notice to vacate , because due to the pandemic, his next rental is unavailable for another 30/60 days. The landlord states he has to leave and my rooomate is fighting it. The landlord threatened my deposit as well even tho I’m vacating the property when I’m supposed to . Can they keep my 1/2 of them deposit bc of my roommates actions?

Answer: From a legal perspective, the answer to such a question usually depends on whether the roommates are “jointly and severally liable” under the rental agreement, meaning that each roommate is fully responsible for the other. If the roommates paid a single deposit, then they almost undoubtedly are. If they paid separate deposits, then they may not be.

QUESTIONS

  • Can my 1/2 of the deposit be withheld if I comply to my notice to vacate and leave before lease is up and my roommate stays aka “squats”. He has decided to stay and never gave his notice to vacate , because due to the pandemic, his next rental is unavailable for another 30/60 days. The landlord states he has to leave and my rooomate is fighting it. The landlord threatened my deposit as well even tho I’m vacating the property when I’m supposed to . Can they keep my 1/2 of them deposit bc of my roommates actions?

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  • State Bar of Arizona
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    www.maricopabar.org
    Referral number 602-257-4434
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    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
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