Is ReclaimDeposit a law firm?

No. ReclaimDeposit provides tools and document preparation to help renters understand security deposit rules and create organized documentation. It is not legal advice.

Do security deposit rules vary by state?

Yes. Deadlines, penalties, and allowed deductions vary by state (and sometimes city). Always check the rules for your location.

What if my landlord refunds the deposit to only one roommate?

That's common and usually legal when the lease is joint. The landlord's obligation is to return the deposit to 'the tenant(s)' — how roommates split it is your own arrangement. Keep records of who paid what and have a written agreement about splitting the refund.

Can I get my portion back if I move out early and my roommates stay?

Usually not from the landlord. Security deposits are tied to the lease, not individual roommates. The deposit is returned when the lease ends and everyone vacates. If you leave early, you'll need to work out a buyout with your remaining roommates.

What if my roommate caused damage but the landlord deducts from the whole deposit?

Landlords generally don't distinguish between roommates — they deduct from the shared deposit. You'll need to resolve responsibility among yourselves. Document who caused what damage and have written agreements about liability before issues arise.

Should roommates be on separate leases for deposit purposes?

Separate leases give cleaner deposit tracking but are less common. Landlords prefer joint leases because all tenants are jointly and severally liable. If you want deposit clarity, focus on written roommate agreements instead.

What if a roommate refuses to pay their share of deductions?

This is a dispute between roommates, not with the landlord. You may need to pursue the roommate directly in small claims court for their share. Written agreements about contributions and liability make this much easier to enforce.

Roommates and Security Deposits: How Splitting and Refunds Usually Work

Security deposits with roommates create a unique set of complications. The landlord treats the deposit as a single pool tied to the lease, but roommates may have paid different amounts, moved in at different times, or caused different levels of damage. When the lease ends, these differences often lead to disputes.

This guide covers the common roommate deposit scenarios, how to protect yourself, and what to do when things get complicated.

How deposits work with multiple tenants

Understanding the basics helps you navigate roommate situations:

Joint and several liability

On most leases, roommates are "jointly and severally liable." This means each tenant is responsible for the entire rent and the entire condition of the unit — not just their share. The landlord can pursue any tenant for any damage, regardless of who caused it.

For deposits, this means: the landlord doesn't track individual contributions. They hold one deposit, deduct for whatever damage exists, and return one check (or split checks, but usually one).

The deposit belongs to the lease, not the roommates

A security deposit is tied to the lease term, not to individual tenants. It's returned when the lease ends and all tenants have vacated. If one roommate leaves early, the landlord isn't obligated to return their portion — the deposit stays until the lease terminates.

Common roommate scenarios

Scenario 1: Everyone moves out together

This is the simplest case. All roommates vacate at lease end, the landlord returns one check (often to a single named tenant or "Tenants at [address]"), and roommates split it according to their agreement.

Tip: Before move-out, agree in writing how you'll split the refund — and how you'll handle any deductions. Don't assume everyone remembers the same arrangement.

Scenario 2: One roommate moves out early

When one roommate leaves but others stay, the deposit usually doesn't get touched. The landlord won't do a partial return mid-lease. Options:

Buyout by remaining roommates: The staying roommates pay the leaving roommate their deposit share. The remaining roommates now "own" the full deposit.
New roommate takes over: A replacement roommate pays the leaving roommate their share. The new roommate effectively buys into the deposit.
Wait until lease ends: The leaving roommate waits for the full deposit return and gets their share then. This only works if everyone stays on good terms.

If you leave early without a buyout arrangement, you may lose your deposit share. The landlord isn't required to track who paid what — getting your money back becomes a roommate-to-roommate issue.

Scenario 3: Roommate swap (someone leaves, someone new joins)

This is the most common source of confusion. When a roommate is replaced:

The leaving roommate's deposit share should be bought out — typically by the new roommate or remaining roommates.
The landlord usually doesn't process this; it's a private transaction between roommates.
Document the buyout in writing: amount paid, date, what share it represents.

Scenario 4: One roommate caused damage

If one roommate caused damage, the landlord deducts from the shared deposit. The landlord doesn't care who caused it — joint and several liability means anyone can be charged for anything.

This is a roommate-to-roommate issue. If you didn't cause the damage but paid the deposit, you may need to pursue the responsible roommate separately (awkward but sometimes necessary).

Scenario 5: Roommates disagree about deductions

One roommate thinks the deductions are fair; another wants to dispute. You generally need all tenants to agree on a dispute strategy. If you can't agree, each roommate could theoretically file their own small claims case, but it's messy.

Tip: Decide together whether to dispute before the landlord returns the deposit. Mixed signals confuse landlords and weaken your position.

How to protect yourself

Prevention is much easier than resolution. Here's how to protect yourself in roommate situations:

Before move-in

Written roommate agreement: Document who pays what share of the deposit, how refunds will be split, and who's responsible for damage in different scenarios.
Keep payment records: Bank transfers, Venmo receipts, canceled checks — anything showing your deposit contribution.
Individual documentation: Take your own move-in photos even if roommates don't. This protects you if disputes arise later.

During the tenancy

Document damage when it happens (photos, dates, who caused it).
If a roommate swap happens, get the buyout in writing.
Keep all written communications about money and deposits.

At move-out

Take your own move-out photos.
Agree with roommates on refund splitting before the check arrives.
Coordinate on any dispute strategy — don't send conflicting messages to the landlord.

What if the landlord keeps part of the deposit

Even with roommates, you dispute deductions the same way as any other tenant:

Review the itemization for red flags (vague charges, missing depreciation, routine maintenance).
Request documentation if the itemization is incomplete.
Dispute improper charges in writing.
Escalate to a demand letter if needed.

The main difference: you'll need to coordinate with roommates. Sending conflicting letters or having one roommate accept the deductions while another disputes can weaken everyone's position.

Full process: How to dispute security deposit deductions.

Roommate agreement template elements

A good roommate agreement (separate from your lease) should cover:

Security deposit contributions: who paid how much
Refund splitting: how to divide the returned deposit
Damage responsibility: who pays for damage they cause
Early departure: how deposit buyouts work if someone leaves
Roommate replacement: who pays new roommates to buy in
Dispute strategy: how you'll handle landlord disputes as a group

A written roommate agreement isn't legally required, but it's extremely helpful when disputes arise. Even a simple email exchange outlining the arrangement is better than nothing.

When roommate disputes need outside help

If roommates can't resolve deposit issues among themselves, options include:

Mediation: A neutral third party helps you reach agreement. Many communities offer free or low-cost mediation services.
Small claims court: If a roommate owes you money (like their share of deductions), you can sue them directly. Keep it separate from any landlord dispute.

The key is distinguishing landlord disputes (deductions, deadlines, itemization) from roommate disputes (who pays what share). The landlord isn't responsible for resolving internal roommate disagreements.