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Old 11-30-2003, 07:37 PM   #3 (permalink)
empu
Crazy
 
Since he's moving out now, the right answer is to return to him his share of the deposit, minus cost of damages, now.

The problem with waiting until you move out is that moving out is an indeterminate event. It sounds like you're fairly certain that you'll be moving out at the end of the lease, but what if circumstances change and you decide to renew the lease and stay? In that case you wouldn't get your security deposit back until much later. In which case legal boy would have a very strong case, if he doesn't have one already.

Since he was willing to take $90 out of his rent, offer him that much as his deposit refund to close the deal today. Get the deal in writing. That's not an unreasonable figure.

Of course you could wait and deal with it later. Worst case maybe you do end up in court, and worst case out of that you are ordered to pay this guy what the court thinks he's due. This has the advantage of deferring your payment until much later (probably at least a year after he files suit) but the disadvantage of a whole bunch of wasted time, emotional drain, negative energy, etc.

You have to make your own call but in my book it's not worth it. I understand that this is a tough time for you financially, but none the less I recommend getting the situation behind you.
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