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  1. #1
    Join Date
    Mar 2014
    Posts
    2

    Angry Can I Keep a Previous Roommate's Security Deposit

    My question involves landlord-tenant law in the State of: California

    I am a lease holder in California. My previous roommate signed onto the lease stating that he would pay rent and utilities on time and keep the apartment clean. He did not pay his half of utilities for the entire 4 months that he lived here. He also left some very bad stains on the carpet (melted it in some parts), and busted up the walls.

    The deposit is $400 and it is going to cost more than that to reimburse for bills and fix damages.

    He is threatening to take me to court.

    Can he win a court case if he broke the lease agreement by not paying utilities and leaving damages?
    I have my bank statements showing that I paid those months utilities in full by myself and photos of the damages.

  2. #2
    Join Date
    Jan 2014
    Posts
    118

    Default Re: Can I Keep a Previous Roommate's Security Deposit

    Quote Quoting swise3791
    View Post
    My question involves landlord-tenant law in the State of: California

    I am a lease holder in California. My previous roommate signed onto the lease stating that he would pay rent and utilities on time and keep the apartment clean. He did not pay his half of utilities for the entire 4 months that he lived here. He also left some very bad stains on the carpet (melted it in some parts), and busted up the walls.

    The deposit is $400 and it is going to cost more than that to reimburse for bills and fix damages.

    He is threatening to take me to court.

    Can he win a court case if he broke the lease agreement by not paying utilities and leaving damages?
    I have my bank statements showing that I paid those months utilities in full by myself and photos of the damages.
    Are you representing that the roommate "signed on" to the same lease that you had previously signed and concurrently tendered $400 to you personally to be held by you assuring his/her performance under the lease?

    Because as strange as such an arrangement would be it would be the only arrangement justifying any legal right to off set the $400 against your liability under the lease and his/her demand that you refund it.

    Perhaps you might clarify.

  3. #3
    Join Date
    Mar 2014
    Posts
    2

    Default Re: Can I Keep a Previous Roommate's Security Deposit

    He left abruptly (without 30 days notice), leaving me to find a new roommate. The new roommate put down her deposit replacing his, which I would like to use to fix the damages that he created and reimburse unpaid bills. I have already spoken to my landlord and she said it is between the two of us since there is a full deposit down for the apartment as required. I went over the laws and it says the deposit can be used to reimburse unpaid bills and fix damages. I just want to make sure all I need to win the small claims case is my invoices from the bills he didn't pay and costs of repairs. I don't want to waste my time fighting this if he's going to win the case after destroying my apartment and leaving me to pay for everything.

  4. #4
    Join Date
    Sep 2005
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    Posts
    98,846

    Default Re: Can I Keep a Previous Roommate's Security Deposit

    Are you a co-tenant with your roommate, or was your roommate your subtenant? If the former, it's between your roommate and your landlord. If the latter, you had best comply with California's security deposit law to the letter.

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