Does My Ex-Roommate Have the Right to Keep My Security Deposit
My question involves landlord-tenant law in the State of: CA
I'm sorry if this is long but I figured it was best if you guys knew the whole story.
Back in May, I posted an ad on my school's website about looking for a place to live for the upcoming school year. A girl contacted me about a room she was looking to fill and gave me all the details about the place. I went to visit the apartment complex a few day later and I spoke to the leasing office about my concerns about deposits and how to get added on to the lease. I was interested in the place so after I spoke to the workers in leasing office, the girl and I had a verbal agreement that I would come to the apartment on the last day of the lease to make sure my future room was in good condition and that I would give the girl's ex-roommate her part of the security deposit and the rest will go to the leasing office when I sign the lease. This is also what her ex-roommate requested.
I came to the leasing office with the girl a week away to get the lease renewed and to added me on the lease. I had my application filled out and ready to go, only to be told that I could not be added on nor can the girl's ex-roommate be removed from the lease until a week before the new lease started in late July. So I never submitted an application and I never signed a lease.
After I went home, the girl texted me and asked me if I was still interested in the place and I said yes. The leasing office was requesting two months worth of rent ($4000) as the security deposit, which was going to be split between us ($2000 each) . Since she renewed the lease and is already committed to it, she had asked me for half of my security deposit to secure my commitment until I get added on to the lease. I ask her if this money was separate from the security deposit and would it be considered a holding fee. She said no, it's part of my security deposit and that I would pay the rest when I sign the lease. So I gave her the money, since I have written proof of what this money is for. I assumed this voided our prior verbal agreement, if it works that way.
A month later, she contacted me during text to let me know that she has a friend from another country who was interested in the room asap. She said that if I'm not going to get added on to the lease, that I would get my security deposit back. I was fine with giving up the room since the security deposit was awfully high compared to the other apartment complexes in the area and since she had mentioned I would get my money back in four days, I agreed and told her it was fine since I wasn't completely sure of my financial situation (I was waiting on financial aid at the time). So I began my search with a cheaper apartment.
She contacted me a week later, sending me a long angry text saying that her friend can no longer pay for it due to her financial situation. The girl then stated that she had no one to pay for the rent of August and has to pay $2000 (the rest of the security deposit) on her own. She mentioned that people are not looking to sign a lease until September, which is when the school year starts. Because of that, she stated that she would use "my security deposit to cover the rent of August, since I'm sure you know that money was collateral in the situation I am left with the bill." She mentioned that I would only get my money back if she could find someone to sign the lease.
Can she keep my security deposit, even though I have written proof that she asked me to back out for her friend to take my room and I agreed? Doesn't this void our previous agreement of my commitment until the lease signing?
If so, how can I legally get my money back if she refuses? It's been over a month since our last conversation, which was the angry text she sent. So I'm not sure how to approach her if I do have any right to my money back.
Re: Does My Ex-Roommate Have the Right to Keep My Security Deposit
Quote:
Quoting
Vnc562
If so, how can I legally get my money back if she refuses? It's been over a month since our last conversation, which was the angry text she sent. So I'm not sure how to approach her if I do have any right to my money back.
Seems to me that she isn't going to give it back voluntarily. You do see that, don't you? You're going to have to sue her in small claims court.
Quote:
Quoting
Vnc562
Can she keep my security deposit, even though I have written proof that she asked me to back out for her friend to take my room and I agreed? Doesn't this void our previous agreement of my commitment until the lease signing?
That could be a reasonable argument in court. No guarantees, of course.
By the way, now you've learned some expensive lessons:
1 - Never do roommate arrangements. They always seem to be the kiss of death.
2 - If you have to do a roommate arrangement, NEVER hand over any money without a written, signed contract, on paper, none of this texting and email business. And NEVER rely on anything anybody TELLS you. Get it in writing, on paper, with a signature.