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  1. #1
    Join Date
    Apr 2014
    Posts
    2

    Default Roommate Refuses to Return My Part of Deposit

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

    A classmate of mine needed two people to move in for the duration of her year lease, as two of her roommates left halfway through and forfeited their deposits to cover the rent. (They weren't officially on the lease, so they couldn't be held responsible for remainder of lease.) Roommate asked classmate and I to contribute $450 (one month's rent) towards the overall deposit for the lease, as she had to use the previous roommates' deposits to cover rent, saying it was a request of the landlord. Classmate and I both agreed and paid her the deposit and were also added to the lease to avoid previous situation from happening again.

    While living there, my cats scratched a chair of hers and she said it was damaged. I offered to help pay for the damage if she wanted to get it fixed, but she didn't say anything back about it. Five months later, the lease is over and the landlord returns the full deposit to my roommate. I asked her when I could be expecting my deposit back, and she kept avoiding talking about it. Finally, she said she would send me a quote of getting her chair fixed along with the remaining utility bills and we would get everything settled then. She kept saying she would have my deposit for me, but when I would see her, she would say she didn't have it. Finally, she said I owed her $200 for the chair and she wouldn't return my deposit until I paid her for it. When I said she legally couldn't keep my deposit, she said I have no proof that I paid her. I offered her $100 which is what I can afford, but she said it's $200 or she's keeping my deposit.

    So my question is...do I have enough evidence to win a claim in court?

    I have a signed statement from my other roommate saying the three of us discussed this arrangement and we each paid $450 towards the deposit, and his was returned to him.

    My landlord agreed to provide a copy of the receipt for the returned deposit as well as a statement saying no deductions were made from the deposit for house damage, etc.

    I also have saved text messages and emails between the two of us of her confirming that she would be returning my deposit after she got the last bills in. One of her texts even said "I paid him the whole deposit (which I have records for) and the roommates paid me which works the same in reverse. I'm not trying to keep your deposit, I just want everything to be settled."

    I already know her chair is not covered under the lease for which the deposit was paid, so is this enough evidence to win a claim in court?

    Thanks for your help.

    SG

  2. #2
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Roommate Refuses to Return My Part of Deposit

    " So my question is...do I have enough evidence to win a claim in court?
    I have a signed statement from my other roommate saying the three of us discussed this arrangement and we each paid $450 towards the deposit, and his was returned to him."

    Depends on whether a judge will accept a "signed statement" in court as evidence. Many won't. Would your roommate agree to show up in court with our and testify if it came to this?

    Gail

  3. #3
    Join Date
    Apr 2014
    Posts
    2

    Default Re: Roommate Refuses to Return My Part of Deposit

    Probably not. He moved out of state and it would be hard for him to come back just for a small claims dispute.

    I did recently find out that tenants who had been there before my other roommate and I WERE refunded their deposit by the landlord and the landlord had asked the one roommate to collect deposits from the incoming roommates (myself and other roommate) and he has a copy of the check she gave to him with the date that matches when we signed the lease, which is also when we each paid her the deposit.

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