Can Your Ex-Roommate Withhold Your Share of the Security Deposit
This is in SF California, if that makes any difference.
I've moved out already, within the first week of august. My ex-roommate who is going to continue living there is refusing to give me back my half of the security deposit until he moves out in a year and receives the full amount. Both of our names were on the lease but when we first moved in I wrote him a check for my half of 1st month's rent and the security deposit (which it sates on the check), which he used to pay the leasing company the full amount. Our year lease ended on August 1st and now its just going by month-to-month, and he said that he's already told the leasing company to remove my name off the lease. Does he have any legal right to not return the money to me? Have I forfeited it because I moved out and am no longer on the lease? Or can he say he can do what he wants with the money since technically I paid it to him, even though it says on the check that its for the apartment? Is this something that I can sue him for and would actually have a chance at winning? Its over $1,000 what I put down for a deposit, I know to some that may not seem like much but I'm in college and that money would go a long way for a student like me. But I don't want to sue if its just going to be a waste of time and money. He also took my keys away from me with out my knowledge before our lease was up, I don't know if that would help my case somehow?
Re: Can Your Ex-Roommate Withhold Your Share of the Security Deposit
You need to start by reading your lease agreement to see what it says about the continuation of the lease terms on a month-to-month basis following the expiration of the initial term, and what (if anything) it says about how the landlord will handle the security deposit if one co-tenant moves out but the other continues the lease. You should also ask your landlord whether it intends to apply the deposit to the new lease obtained by your roommate, or if it will refund the deposit and enter an entirely new lease. Once you have those basic facts, please share the information with us.
Re: Can Your Ex-Roommate Withhold Your Share of the Security Deposit
PS is the old lease extinguished and a new lease with just him on it in place ...check that critical detail!