VIC My housemate is leaving and wants her bond back but wont get off the lease

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27 November 2020
2 of my housemates are leaving the lease early because we all had a falling out which is fine however they are being a pain with it.

They are overcharging us for the last bills (they have overcharged us the entire tenancy. I only just realised when I transferred 2 of the services into my name because I could get it cheaper) I requested a copy of all the bills and the said when they have time that was almost a month ago now so I'm not paying the last one till I get a copy.

They also cut the water which was the only thing left in their name without telling us (we only found out after we started arguing)

The main point is they demanded their bond back now when they are leaving on the 20th we said no due to not trusting them as they damaged the last rental we were in together. We also requested they get their names off the lease as we want new people to come in and they wont let us have 7 people on the lease. We told them they won't be getting the bond till they signed and paid to remove their names, they made it very clear that they were just going to wait for the lease to expire. We tried to meet them half way and said we would give them half their bond now if they got their names off the lease and the other half after they were off and it was the 20th. They said it wasn't a negotiation and that they want their money on the 20th and then they will take their names off.

They don't want to take their names off as the last rental we were in together they kicked out one of our housemates who was damaging stuff the other housemate threatened us broke our windows ect. So we had to move. That house was their first rental and if they leave early on this one they are going to have difficulty getting another property.

The main question is can I legally refuse to give them their bond money until their names are off the lease weather that be now or when the lease actually ends. I know that they are realistically still responsible for the property which means they are still liable for rent and maintenance but I'm not that mean.

Thank you for any help you can provide.


LawTap Verified
27 May 2014
They get their bond when their leases finishes, not before.