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  1. #1
    Join Date
    Jul 2014
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    3

    Default Ex-Roomate Won't Pay Me My Security Deposit

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

    I moved in on July 22nd 2013 with my good friend and his girl friend into a 2 bedroom house. We agreed to split the security deposit and the rent. The deposit came out to 433.33. Anyways, I got a job shortly after that working construction for my uncle. I was always on the move and didn't need the place anymore so I gave him a 30 day+ notice that I was going to move out. I even offered to help find a replacement but they found one. When the new roommate moved in, she didn't have to pay the security deposit. I forgot to remind him to ask for it and he didn't think to either, so I let it slide until a year past.

    Anyways for about 3 months prior to him renewing the lease, I contacted him multiple times about how we were going to handle the deposit. I basically got responses like "are you short on cash or something" or "maybe if we get a new roommate we will ask her". I kept asking for more concrete answers and I was flat out ignored. One day I messaged him multiple times saying ignoring wont help and he replied saying I was being annoying and that he won't be able to pay until he moves out in 2015. They are not going to get a roommate and are going to finance the house themselves.

    Well I did some research on here and after he called me annoying I basically told him that legally he owes me the money and if he doesn't pay I am going to go to the proper legal channels to make sure I get what is owed to me. I sent a similar message to his gf on facebook saying I felt horrible about all of this affecting our friendship but it's not fair to me because I need the money. Why should I have to have my deposit in a house that I'm not living in. What if there are damages? I said I intended to take her to small claims if I didn't get the deposit back by 21 days after they renewed (California law).

    What are my next moves? I was told to send a certified letter, return addressed, to them asking for the specific amount (which im not 100% sure is 433.33) and I can't remember the address as its been so long since Ive been. I know the street and city but not the number. I also never even spoke with the landlord because I paid them directly and my name isn't on the lease.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ex-Roomate Won't Pay Me My Security Deposit

    If your roommate was in fact your landlord, and you were his subtenant, then ordinary landlord-tenant law applies. You can sue him in small claims court.

    If you were not on the lease between the master tenant and his landlord, and have no landlord-tenant relationship with anybody but the master tenant, then you're not responsible for any claims the landlord makes against the master tenant when he ultimately moves out. You have not indicated that the master tenant has claimed that you caused any damage during your tenancy, if in fact you were in residence for a period of time.

    You haven't told us whether you were initially a month-to-month tenant or if you agreed to rent for a longer term, how soon after you moved out the landlord was able to replace you as a tenant, and what notice you provided about your new mailing address. Facts of that nature can affect whether or not you are entitled to a refund and whether you might be able to convince a court to award more than the amount you paid as a deposit.

  3. #3
    Join Date
    Jul 2014
    Posts
    3

    Default Re: Ex-Roomate Won't Pay Me My Security Deposit

    My roommate is not the landlord. I had two roommates (a couple sharing a bedroom) whose names were on the lease. I was in the process of moving from NC to CA so they handled everything with the landlord. I moved in at the same time as everyone and was planning on staying there for a year. I have not caused any damage to the home as I was only there for 3 weeks. The landlord didn't have to replace me as a tenant, my roommates did. They were able to find a replacement in a few weeks. I paid rent, even when I wasn't staying there, until they found a replacement. I did not get a new mailing address because basically I didn't have one. I was traveling around California doing construction staying at various hotels.

    I'm just trying to figure out if I should take them to court. I need the money to put a deposit down on a place of my own. The only real proof I have that I paid a deposit is a series of texts from one of the roommates saying he shouldn't have to pay me now, he has bills, etc etc. I believe it is my money. Now that they renewed the lease after one year, they should have to pay my share of the deposit, correct? I'm not even living there, what if they do damage to the house?

    - - - Updated - - -

    Also I have never even talked with the landlord or know who he/she is. Is there a way to find out? I know the address and that is about it.

  4. #4
    Join Date
    Jan 2008
    Posts
    252

    Default Re: Ex-Roomate Won't Pay Me My Security Deposit

    Did you pay your deposit to the roommate or the landlord?

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ex-Roomate Won't Pay Me My Security Deposit

    You've never spoken with your roommate's landlord, don't know who he is, have never handed him a rent check, and paid your security deposit to your rooommate, yet you're absolutely certain that you're not a subtenant? How can you have any degree of certainty given those circumstances?

  6. #6
    Join Date
    Jul 2014
    Posts
    3

    Default Re: Ex-Roomate Won't Pay Me My Security Deposit

    It might be the case actually, no I am not certain. If I was subtenant how would it make things different?

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