Roommate Not on Lease, Left Early, Wants a Deposit Refund
My question involves landlord-tenant law in the State of: California
I'm in a bit of a dilemma in terms of my roommate's security deposit. We are currently renters in the state of CA. Backstory is:
Roommate and I decided on a 12 month lease for a property. I signed the lease first since we were both out of state and I happened to be in the area at the time. He never signed it. We both split the damage deposit ($1500 each). Relationship became toxic in the house and roommate was trashing the apartment so I told roommate I wanted to move out at the 6 month mark (December). My roommate also agreed to move out with me. I informed my landlord that we needed to break out of our lease early (Nov) and she was accommodating but needed us to help show the property to new prospective tenants. I informed my roommate that we couldn't move out until we found new tenants (November) however he said "I don't know about you but I plan on moving out at the end of November whether or not we find new tenants." He ended up moving out on Nov 30th and I am still here paying rent and actively searching for new tenants.
My plan was to use his $1500 deposit to help pay for the rent in December since he left prior to us finding new tenants. Roommate thinks he is entitled to get his entire $1500 back. Am I obligated to return his deposit to him even though he never signed a lease? He sent me his share of the deposit electronically so I cut a check for the initial deposit of the lease.
Re: Roommate Not on Lease, Left Early, Wants a Deposit Refund
That may depend on several things. How long it takes to re-rent, whether there are charges to the deposit for damages, and any "incidentals".
I would wait until everything is settled before giving him ANY money. That way you will be able to document the costs that you feel he would be responsible to pay.
Re: Roommate Not on Lease, Left Early, Wants a Deposit Refund
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VC1313
Am I obligated to return his deposit to him even though he never signed a lease? He sent me his share of the deposit electronically so I cut a check for the initial deposit of the lease.
I tentatively agree with Raster that your roommate may be your month-to-month tenant.
But one question needs to be answered.
Look at the lease. Were both your names shown at the top of the lease even though you were the one that signed it?
That's important.
Re: Roommate Not on Lease, Left Early, Wants a Deposit Refund
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adjusterjack
I tentatively agree with Raster that your roommate may be your month-to-month tenant.
But one question needs to be answered.
Look at the lease. Were both your names shown at the top of the lease even though you were the one that signed it?
That's important.
Yes, I misplaced the lease during my move and my landlord is going to e-mail me an electronic copy but if memory serves me correctly, his name and my name were both at the top of the lease -- he just never actually signed it.
Re: Roommate Not on Lease, Left Early, Wants a Deposit Refund
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Raster
OUch ....that may be a big ambiguity as to if he is a party to main lease or merely your sub tenant ....lack of signature is a big point .
And there is still a loose end as to when he gave written notice of leaving to whom .
The LL has a duty to follow rules to return security to you. .....let me take an alternate task...he is on the prime lease and he remains on the hook until such time as the unit ismsurrenderd as a whole...bailing early does not get him early deposit back or offmduty to pay his share of rent thru final day owed . me , just suggestion, try to make sure security is paid just to person who signed lease ? Keep quiet until you get it, promptly sort out a fair distribution based on final date and any damages
He "texted" me on November 19th stating his intentions of leaving regardless of whether or not a new tenant was found. I then relayed his intentions to the landlord and she acknowledged on the 21st. He ended up moving out November 30th, 11 days after telling me.
So after speaking with the landlord, she has agreed to return the deposit (minus any cleaning fees etc.) to me. My question is, does my ex-roommate have a valid argument to pursue getting his security deposit back? I have transactions that show his commitment to the lease based upon his security deposit and his monthly rent payments, as well as text from him agreeing to the property--could this count as a verbal agreement? Likewise, his $1,500 only covers approximately 28 days of rent. Depending on when I finalize the move-out date, would I be able to pursue additional compensation for the additional expenses incurred?
Re: Roommate Not on Lease, Left Early, Wants a Deposit Refund
The bottom line here is that you are both breaching the lease (if you move out, too) and the only way either of you get ANY deposit back is if the LL releases you (in writing) of both your obligations as of a certain date and there is anything left of the deposit when the place gets re-rented.
I don't see you being responsible for refunding anything to your roommate until then. And it's not likely to be more than part of his $1500 if anything at all.
The LL "being accommodating" means NOTHING.
For the moment I suggest you just tell your ex-roommate that the landlord has the deposit, not you, and you have no obligation to him.
Here's something you need to be careful about. If you do manage to find a replacement tenant and you get to move out, make sure you get a written release from the LL for any further obligations otherwise you are a guarantor of the replacement tenant's behavior for the remainder of the 12 months of your original lease.