Liabilty for Security Deposits Deductions Assessed on an Ex-Roomate's Lease

[kds21]

My question involves a roommate in the State of: California

I lived in a townhouse with an ex-girlfriend for 5 months of a 6 month lease. We split rent and each paid 50%

When we moved in I paid the entire security deposit but the ex reimbursed me later for half of it.

Upon moving out I negotiated with the landlord and the ex to have myself removed from the lease. The ex remained as the sole tenant on the lease.

In reconciling all of our shared bills and expenses upon my move out, the ex paid me the full amount for my half of the security deposit ($450 out of a $900 security deposit). I realize from reading on this forum that the portion of that transaction that involved the security deposit should have gone through the landlord. However, the landlord had refused to do an inspection at the time because the lease was not at an end.

6 Months have passed. My ex is now moving out in month 11 of her lease which converted to a month-to-month lease after the termination of the regular lease period of (original lease was 6 months).

Upon moving out the ex is facing some cleaning fees, repainting fees and maybe some minor damage deductions to the security deposit. These will be in the neighborhood of $300 or so that will be deducted from her security deposit of $900.

She is requesting that I pay her 50% of whatever the deductions are.

At the time of our split we discussed this. My position was that I should not be held financially responsible for any future damages that she and/or subsequent roommates do to the townhouse. She disagreed and reasoned that cleaning fees assessed at the end of almost every lease were at least $200 at that townhouse. Thus I should pay her at least that amount at the time she moves out.

We both communicated our points and thought the other party was in agreement. However, this turned out to be one of our many miscommunications (thus the ex).

In addition to the cleaning fee, her landlord is charging her a repainting fee because her lease was for 11 months and not 12 months. She also believes that I should pay 50% of the repainting fee. This seems not quite right to me since I had no control over the duration of her lease subsequent to being released from the lease. Thus I had no control over if the fee would be assesd or not.

Despite not being listed as a current tennant am I legally responsible for any of the minor damages or the cleaning of dirt that occured during my stay? Or subsequent to my stay?

If so how are these estimates calculated, given that an unknown amount of dirt/damage has occured between then and now?

If I do have some responsibility here it seem like I should only be responsible for no more than ~25% of standard fees. Since I was 50% responsible for a little less than 50% of the lease term. Are these types of fees normally prorated in such a manner?

I am very much hoping to resolve the matter in a legal/fair way, while protecting myself. Your comments are very much appreciated towards this end.

[Mr. Knowitall]

You'll either work things out or not; if not, she may sue you in small claims court and allow a judge to decide who owes what to whom. There's no magic formula we can offer to you to figure out what "your share" would be - if you can prove who caused particular damages, arguably that person (whether her or you) should be responsible for all of the associated repair for the specific item of damage. You are free to try to negotiate any cleaning costs based upon your period of residency, and it's possible that a court would adopt such an approach.