Results 1 to 10 of 10
  1. #1
    Join Date
    Sep 2015
    Posts
    3

    Default Replaced on Lease, Deposit Was Not Returned

    My question involves landlord-tenant law in the State of: California, San Diego.

    To make a long story short. I lived in a house with two other room mates. We signed a year lease. I lived there for about five months when one of the room mates came home belligerently drunk and decided to punch me in the face. I have five witnesses that can attest to that and one witness that saw her punch me. It was 11:00 pm and I had my co-workers over that night for once. I applied and was granted a temporary restraining order against the room mate and moved all my stuff out of the house into a storage unit. Contacted the Real Estate Company we rent from the contact the Landlord and have him notified of the situation that I wanted to be removed from the lease due to civil abuse circumstances and safety issues. Once the other room mates found a replacement I was told that the replacement room mate doesn't have to pay a deposit. I'm not subletting. When I asked the Real Estate Company they told me I'm not guaranteed my deposit back unless the existing room mates want to give it to me. The deposit has nothing to do with the Landlord or the Real Estate Company we rent from I was told. The ex-room mates refuse to give me back my deposit. If a new room mate is replacing an old one shouldn't she have to go through credit check and a deposit as well? Thank you.

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

    Default Re: Replaced on Lease, Deposit Was Not Returned

    Quote Quoting JaeHowl
    View Post
    We signed a year lease.
    Before we go on, answer this.

    Was that one lease with all three of your signatures with one deposit amount contributed to by all three of you?

  3. #3
    Join Date
    Sep 2015
    Posts
    3

    Default Re: Replaced on Lease, Deposit Was Not Returned

    Yes. We each contributed to the full amount of the deposit.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Replaced on Lease, Deposit Was Not Returned

    Read the release you signed with your landlord when you were released from the lease and the new tenant was substituted in. Did you agree that the deposit would be applied to the new lease?

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Replaced on Lease, Deposit Was Not Returned

    Quote Quoting JaeHowl
    View Post
    Yes. We each contributed to the full amount of the deposit.
    Then you aren't likely to be entitled to any refund until the house is surrendered to the owner by all of the tenants that are on the lease.

    However, that could also depend on what you got in writing from the owner when you were "removed from the lease."

    What did you get, what did it say?

  6. #6
    Join Date
    Sep 2015
    Posts
    3

    Default Re: Replaced on Lease, Deposit Was Not Returned

    I haven't gotten anything in writing from the owner. I've never even spoken to them. I went through the company the owner uses to manage his properties. The management property told the current tenants that they should give me back the portion of the deposit I paid, and have the new tenant put down a deposit. Current tenants are refusing. But nothing in writing. At the moment the new tenant didn't have to pay any deposit and just moved in. Should I have the owner of the house write a statement on the agreement to remove me from the lease?

    - - - Updated - - -

    Quote Quoting Mr. Knowitall
    View Post
    Read the release you signed with your landlord when you were released from the lease and the new tenant was substituted in. Did you agree that the deposit would be applied to the new lease?
    No forms were brought to me when the management company said I was "removed from the lease". I feel like the management company is not being direct with me. Every time I try to call and make an appointment to review paperwork they either don't have the file, or are not in the office. I've left multiple messages and calls. Rare to hear back from them.

  7. #7
    Join Date
    Sep 2015
    Posts
    1

    Default Re: Replaced on Lease, Deposit Was Not Returned

    sorry for you

    - - - Updated - - -

    ok all you have to do its send a security deposit refund letter to who ever receive you deposit and after attach one of the police report including the restraining order, here you have in allegation to have right to immediately security refund due to victim of the crime. will be unlawful for ant landlord refuse to refund.

  8. #8
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Replaced on Lease, Deposit Was Not Returned

    Quote Quoting JaeHowl
    View Post
    I haven't gotten anything in writing from the owner. I've never even spoken to them. I went through the company the owner uses to manage his properties. The management property told the current tenants that they should give me back the portion of the deposit I paid, and have the new tenant put down a deposit. Current tenants are refusing. But nothing in writing. At the moment the new tenant didn't have to pay any deposit and just moved in. Should I have the owner of the house write a statement on the agreement to remove me from the lease?

    No forms were brought to me when the management company said I was "removed from the lease". I feel like the management company is not being direct with me. Every time I try to call and make an appointment to review paperwork they either don't have the file, or are not in the office. I've left multiple messages and calls. Rare to hear back from them.
    From a legal standpoint (not from your perceptual standpoint) here's what I think happened.

    Doesn't matter who "said" what. You breached the lease by moving out before expiration. Instead of coming after you for unpaid rent the management company just ignored it and you were replaced by another roommate.

    Under the circumstances and without any documentation to the contrary you are not entitled to your deposit back and nobody is obligated to give you the time of day now that you are gone.

    You are welcome to sue somebody in small claims court for your deposit but I don't think you have much chance of winning.

    I know, you had personal reasons for leaving but that doesn't alter your contractual obligations.

  9. #9
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Replaced on Lease, Deposit Was Not Returned

    Quote Quoting JaeHowl
    View Post
    No forms were brought to me when the management company said I was "removed from the lease".
    You will need to follow up on that. If you remain a named tenant on the lease, then that would explain why the landlord is not returning the deposit to you before the conclusion of the lease. If a new lease has been issued between the landlord, your former roommates and the new tenant, then you can press for the return of your share of the deposit based on the fact that they've ended your tenancy.

  10. #10
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Replaced on Lease, Deposit Was Not Returned

    Quote Quoting Mr. Knowitall
    View Post
    You will need to follow up on that. If you remain a named tenant on the lease, then that would explain why the landlord is not returning the deposit to you before the conclusion of the lease. If a new lease has been issued between the landlord, your former roommates and the new tenant, then you can press for the return of your share of the deposit based on the fact that they've ended your tenancy.
    Keeping in mind that the deposit may have been applied to the period between the OP's departure and the date of occupancy of the new tenant.

    1. Sponsored Links
       

Similar Threads

  1. Extending a Lease: Can You Renew a Lease After Agreeing to Be Replaced as a Co-Tenant
    By Aaron7111 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 08-26-2015, 10:08 AM
  2. Rental Agreements: Can You Get Your Deposit Returned if you Don't Sign the Lease
    By sidyard in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 02-26-2014, 06:29 AM
  3. Security Deposits: Deposit Never Returned After End of Lease
    By dmd6w3 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-31-2011, 05:13 PM
  4. Replies: 1
    Last Post: 02-24-2011, 08:42 PM
  5. Security Deposits: Landlord Returned Deposit, Now Wants Carpet Replaced
    By illneverrentagain in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 09-10-2008, 06:23 AM
 
 
Sponsored Links

Legal Help, Information and Resources