Results 1 to 8 of 8

Hybrid View

  1. #1
    Join Date
    Dec 2014
    Posts
    4

    Default Who is Responsible for Refunding the Ex-Roommate's Share of a Security Deposit

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

    Hi, i'm not sure if this is the correct place for this post so I apologize in advance. So my roommate (whom is also my cousin) and I ended our lease as of 10/26/2014. I did a transfer in the same complex and moved into a 1 bedroom. Now the apartment management decided to put the deposit towards the unit that I moved into from the unit that my roommate and I lived. He's pretty ticked off about it and has threaten to sue me. My question is am I legally responsible to pay him his half of the security deposit? Or is his beef with the management? It's only for $200 bucks and I've told him multiple times I would pay him just to get him off my back but due to financial stress at present this is taking me a while. But he doesn't seem to care.

    Also one more thing. This is kinda laughable but he is under the impression that rent is deductable on your taxes and has also threaten to sue me if I dont sign receipts for the rent payments. The thing is he doesn't like banks so he keeps his money in a sock drawer or something. We had a verbal agreement to split bills down the middle including the rent, so he would pay me cash for everything and I would pay the bills and rent in my name. He says that since I wrote the check for the rent he does not get credit for paying his half. Is this crazy or what? He's worried that when I do my taxes im going to write off his half of the rent. Is he correct that you can take the receipts for renting an apartment and write them off on your taxes?

    I'm sorry for having such strange questions but I wanted to get an expert opinion on this. Thank you for time.

  2. #2
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Roommate Wants to Sue Me for His Half of Deposit and More

    When you and your cousin were living together, in who's name was the lease with the landlord, yours alone or yours and the landlord?

  3. #3
    Join Date
    Dec 2014
    Posts
    4

    Default Re: Roommate Wants to Sue Me for His Half of Deposit and More

    Ours and the landlord.

  4. #4
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Roommate Wants to Sue Me for His Half of Deposit and More

    If the lease was in both your names, the obligation to refund half the security deposit to your cousin rests with the landlord. Similarly, the landlord should not have allowed you to move into the new apartment until you paid him whatever balance should have been added to your half of the security deposit for the new place.

    While your cousin can sue your landlord for return of his half of the deposit, no doubt the landlord believes he had an understanding that by applying it to your new security deposit, you would refund the amount in question to your cousin on his behalf. You say you don't have the money at the moment. But, I suspect finding it right away and paying your cousin will be much less painful that how much your relationship with your landlord will be damaged if your cousin sues him because you failed to make payment on your landlord's behalf in a timely manner.

    As far as receipts are concerned, remind your cousin that you accepted his cash and paid it to the landlord in the form of a check solely as a courtesy to him because he does not maintain a bank account. That doesn't make you his landlord, it simply makes you a friend. If he needs confirmation of rents paid, he needs to seek it from the person he leased the apartment (which coincidentally is the person he needs to sue for his unpaid security deposit). Hmmmm, how do you think that will work out?

  5. #5
    Join Date
    Dec 2014
    Posts
    4

    Default Re: Roommate Wants to Sue Me for His Half of Deposit and More

    Quote Quoting L-1
    View Post
    If the lease was in both your names, the obligation to refund half the security deposit to your cousin rests with the landlord. Similarly, the landlord should not have allowed you to move into the new apartment until you paid him whatever balance should have been added to your half of the security deposit for the new place.

    While your cousin can sue your landlord for return of his half of the deposit, no doubt the landlord believes he had an understanding that by applying it to your new security deposit, you would refund the amount in question to your cousin on his behalf. You say you don't have the money at the moment. But, I suspect finding it right away and paying your cousin will be much less painful that how much your relationship with your landlord will be damaged if your cousin sues him because you failed to make payment on your landlord's behalf in a timely manner.

    As far as receipts are concerned, remind your cousin that you accepted his cash and paid it to the landlord in the form of a check solely as a courtesy to him because he does not maintain a bank account. That doesn't make you his landlord, it simply makes you a friend. If he needs confirmation of rents paid, he needs to seek it from the person he leased the apartment (which coincidentally is the person he needs to sue for his unpaid security deposit). Hmmmm, how do you think that will work out?
    Ok just to clarify, the landlord is kind of a big corporate business that manages multiple property's in California. I should be able to pay him soon. And as far as the receipts do I just tell him to take it up with the sites management? The only reason he wants proof of rent payed is write them of on his taxes. And no he did not run a business out of the apartment. Sorry for the dumb questions but hes convinced this is solely my responsibility.

  6. #6
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Roommate Wants to Sue Me for His Half of Deposit and More

    He needs to take it up with site management, however, because you paid the rent and not him, I doubt they will give him a receipt.

    I suspect the best he can expect from them (if they wish to humor him) is a letter confirming that between certain start and stop dates a specific property was rented to the two of you A dollars per month for a total of B dollars during the period of the lease. They have no idea who contributed what percentage and cannot attest to that. You can write him a letter attesting he gave you C dollars each month during the period in question for a total of D dollars during the length of the lease, which you co-mingled with your funds and wrote a check to the landlord to pay both your shares of the rent each month.

    1. Sponsored Links
       

Similar Threads

  1. Security Deposits: Can I Get My Share of the Security Deposit Back if My Roommate Renews the Lease
    By marylandresident in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 05-14-2013, 07:08 AM
  2. Roommates: Getting My Share of the Security Deposit from Ex Roommate
    By cj_xoxo in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 03-19-2010, 10:19 PM
  3. Security Deposits: Landlord is Not Refunding Security Deposit Due to Backruptcy
    By kapiljainindore in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 09-21-2008, 07:02 AM
  4. Security Deposits: Ex-Roommate Won't Return My Share Of The Security Deposit
    By wnoe10 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 11-05-2007, 12:21 PM
  5. Security Deposits: Texas Landlord Not Refunding Security Deposit
    By txrenter in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 08-07-2006, 06:36 AM
 
 
Sponsored Links

Legal Help, Information and Resources