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  1. #1
    Join Date
    Sep 2015
    Posts
    2

    Arrow Keeping a Roommate from Getting Security Deposit Money He Didn't Pay

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

    Hey guys, I have a problem that I would like your help on.

    Long story short, I leased an apartment for 4 months before deciding I wanted a roommate. Roommate gets approved and signs on, but I forgot to do one thing: make him pay half of the security deposit. Now that the lease is ending soon, I'm scared, since the contract states that the security deposit will be returned half to each roommate, but I paid the full deposit back when I alone signed the lease.

    Do I have legal rights to all the security deposit I fully paid? Or will I have to possibly have my roommate run off with half of the money since the check will be in his and my name?

    Here's what the relevant parts of the "Security Deposit" section have written: "The total of the above deposits shall not secure compliance with the terms and conditions of this agreement and shall be refunded to RESIDENT within 21 days after the premises have been completely vacated less any amount necessary to pay OWNER."

    Thank you so much for helping

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

    Default Re: Security Deposit Troubles

    You're right, you have a problem.

    A savvy landlord would make one check payable to both tenants since both tenants are on the lease.

    And be within his rights to do so.

  3. #3
    Join Date
    Sep 2015
    Posts
    2

    Default Re: Security Deposit Troubles

    Quote Quoting adjusterjack
    View Post
    You're right, you have a problem.

    A savvy landlord would make one check payable to both tenants since both tenants are on the lease.

    And be within his rights to do so.
    Got it. So I won't be able to sue my roommate with any success since I signed the contract that said the security deposit will be split? Does it not matter that I paid all of it and have proof of doing so?

    Thanks for the response.

    I don't really mind losing money, as long as everything's being done within the law. I just don't want to start suing only to find out my efforts are useless because legally I'm in the red

  4. #4

    Default Re: Security Deposit Troubles

    No, it just means it's not the Landlord's problem. He'll follow what he's obligated to do under the lease (i.e. split / make the check out to everyone) but if your roommate refuses to hand the money over to you, you could still take him to small claims court.

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