Results 1 to 7 of 7
  1. #1
    Join Date
    Aug 2014
    Posts
    9

    Angry Dispute with Roommates Regarding Deposit at Move-Out

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

    To make it short, we lived 5 people in an apartment, and our lease ended end of May. 3 out of 5 people in the apartment were from Europe, but as soon as the lease ended they went back home to Germany while remaining two people (person X and Y still remains here). However, we all paid deposit together of around $4,000 at move-in. The issue is that two of germans who went back home. Our community manager wants Everyone to sign a move-out letter, which states one responsible person to handle the checks, the people who is back in Germany obviously wants the deposit check to be mailed to Germany, while the two remaining people in the US wants it to be mailed to US adress. The leasing office at our community say they can only issue one big check and we have to sort it out ourselves, but this is not possible because no-one wants to sign. Now one of the persons who went back to Germany threatens to Sue person X who remains in the US because she refuse to sign the move-out statement to send the check to Germany, she claims she will use "loss" in her lawsuit.
    Person X who still remains in the US were in charge of gathering all the people together in the beginning and applying all together, so she were responsible for everything in the beginning.

    My question is, does the people who went back home have any claim whatsoever to file a lawsuit or contact a lawyer regarding this? Both parties refuse to sign a contract to let the check be sent to either one, and the leasing office wont send out two checks.

    Please ask me if there are any more details you need to know. Thanks

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Dispute with Roommates Regarding Deposit at Move-Out

    Quote Quoting kroppkakan
    View Post

    My question is, does the people who went back home have any claim whatsoever to file a lawsuit or contact a lawyer regarding this?
    Of course they do.

    Anybody can sue anybody for anything.

    Anybody can hire a lawyer for anything.

    Would they actually do it, all the way from Germany? Maybe. Or maybe they are just blowing smoke.

    The community manager is just covering his own butt by insisting on a move out letter and one check made out to everybody. That's exactly how I did it when I owned rentals.

    Bottom line: Somebody gives in or nobody gets paid.

  3. #3
    Join Date
    Aug 2014
    Posts
    9

    Default Re: Dispute with Roommates Regarding Deposit at Move-Out

    Quote Quoting adjusterjack
    View Post
    Of course they do.

    Anybody can sue anybody for anything.

    Anybody can hire a lawyer for anything.

    Would they actually do it, all the way from Germany? Maybe. Or maybe they are just blowing smoke.

    The community manager is just covering his own butt by insisting on a move out letter and one check made out to everybody. That's exactly how I did it when I owned rentals.

    Bottom line: Somebody gives in or nobody gets paid.
    Yeah but the thing is that they will pursue a lawyer for the same reason that they committed by themselves. The "charge" will be based on that Person X/Y dont sign the move-out letter saying that the check should be mailed to them in Germany. But on the otherhand they wont sign a contract that Person X/Y should retrieve the deposit check in the US.
    This kind of contradicts their intent to contact a lawyer.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Dispute with Roommates Regarding Deposit at Move-Out

    Quote Quoting kroppkakan
    View Post
    Yeah but the thing is that they will pursue a lawyer for the same reason that they committed by themselves. The "charge" will be based on that Person X/Y dont sign the move-out letter saying that the check should be mailed to them in Germany. But on the otherhand they wont sign a contract that Person X/Y should retrieve the deposit check in the US.
    This kind of contradicts their intent to contact a lawyer.
    Realistically the cost of having an attorney deal with this would likely be greater than the total deposit.

    As jack said...somebody is going to have to give in or nobody is going to get paid.

  5. #5
    Join Date
    Aug 2014
    Posts
    9

    Default Re: Dispute with Roommates Regarding Deposit at Move-Out

    - - - Updated - - -

    Quote Quoting llworking
    View Post
    Realistically the cost of having an attorney deal with this would likely be greater than the total deposit.

    As jack said...somebody is going to have to give in or nobody is going to get paid.
    The person in Germany claims one of her relatives in the US is a lawyer, and if this is the case it might be free for her.
    But all in all, to me it doesnt seem reasonable that they wont sign the move-out letter, and for the same reason they want to contact a lawyer because person X doesnt sign either.

  6. #6
    Join Date
    Nov 2013
    Posts
    672

    Default Re: Dispute with Roommates Regarding Deposit at Move-Out

    I would ask that she have the lawyer contact me, and see of we could work it out using this lawyer as an agent for those in Germany.

  7. #7
    Join Date
    Aug 2014
    Posts
    9

    Default Re: Dispute with Roommates Regarding Deposit at Move-Out

    Quote Quoting Catmad
    View Post
    I would ask that she have the lawyer contact me, and see of we could work it out using this lawyer as an agent for those in Germany.
    Ok thanks,
    Will do that, are a lawyer specialized in roommate/tentant disputes?

    1. Sponsored Links
       

Similar Threads

  1. Roommates: Can I Move My Roommates' Things
    By spRee in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 11-22-2011, 10:47 PM
  2. Roommates: We Want Our Roommates to Move Out but They Won't
    By wmempa in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 10-18-2010, 01:57 PM
  3. Security Deposits: Charged for Damages After Roommates Left, Despite Early Move-Out, Refund of Deposit
    By aarunt1 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 06-24-2010, 10:23 PM
  4. Roommates: Can Roommates Charge Me a Move Out Fee
    By yixty in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 12-28-2008, 09:01 PM
  5. Roommates: need to move but having issues with roommates
    By jennyfur in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 01-09-2006, 03:24 AM
 
 
Sponsored Links

Legal Help, Information and Resources