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  1. #11
    Join Date
    Jan 2006
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    38,867

    Default Re: When Should you Sue a Roomate Who Owes You a Deposit

    Of course the landlord can counter sue for unpaid rent since the last month was not paid, technically.

    Your chances of winning treble damages is near zero as the retention by the landlord wasn't in bad faith (a requirement to be able to be awarded treble damages).

    Additonally, since you paid the roommate your share of the rent you would be owed that share of the rent in addition to your share of the deposit. That means you are owed 2/3 months worth of rent (the full monthly rent) but it is owed to you from your roommate. The landord did effectively return the whole deposit by applying it to the last months rent.

    The only valid defendant is your roommate. Otherwise, if you sue the landlord he can countersue for the entire months rent. Unless the lease divided the obligation, he could sue just you for the entire months rent. In the end you would walk out with $0 if you sued the landlord.

  2. #12
    Join Date
    Dec 2011
    Posts
    17

    Default Re: When Should you Sue a Roomate Who Owes You a Deposit

    Quote Quoting jk
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    if you were on the lease, why did she rent by herself for one month and why didn't you pay your share of the deposit
    at the inception of the lease?
    We were hunting for apartment to rent together but she did not have roommate and we had difference in move-in date, as I still had 1 month left in my old place. The LL did not care as long as he was going to get check from one of us, we did not have background check or anything, just simply a generic lease form he obtained from the Internet and filled in by handwriting. Honestly, I did not think if if that was going to be a problem but in the end before I handed her my own security deposit I drafted roommate agreement to at least have something in writing she agreed for me to move one month later and not just rely on my word against her.

    But I have good news. I finally have received from her today electronic transfer to my Paypal account on Splitwise.

    Quote Quoting jk
    View Post
    Of course the landlord can counter sue for unpaid rent since the last month was not paid, technically.

    Your chances of winning treble damages is near zero as the retention by the landlord wasn't in bad faith (a requirement to be able to be awarded treble damages).

    Additonally, since you paid the roommate your share of the rent you would be owed that share of the rent in addition to your share of the deposit. That means you are owed 2/3 months worth of rent (the full monthly rent) but it is owed to you from your roommate. The landord did effectively return the whole deposit by applying it to the last months rent.

    The only valid defendant is your roommate. Otherwise, if you sue the landlord he can countersue for the entire months rent. Unless the lease divided the obligation, he could sue just you for the entire months rent. In the end you would walk out with $0 if you sued the landlord.
    last month was last month technically in November, so actually we do not own rent since deposit was equal to 1 month of rent and he applied it instead of cashing last month check. But I agree technically, it was sloppy procedure.

  3. #13
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: When Should you Sue a Roomate Who Owes You a Deposit

    Quote Quoting Raster
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    Per OP the LL was paid...he cut up the check after it was delivered .

    Around me the DJ would hand me my hat if I pulled a cute step and failed to account to the tenant/OP and make sure I paid ...she once sat and measured the size of type in my notice .I have no doubt she would hold me for bad faith to cut up a check ...especially when the language I wrote as LL says not to play last check games......JK may well be right ...but LLs can have a tough day if they played games and judge is not amused ...I'll bet she would ask me one question...what steps did I take to make sure you got your security back..and if I hesitated it would be all down hill. ...
    Technically if the check was not cashed, he was not paid. He applied the deposit to
    the rent so there would be no refund owed. The landlord was not playing any games. He was applying the most efficient means of effectively refunding the deposit. I can't see a judge getting upset by effectively refinding the deposit immediately upon moving out.

  4. #14
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: When Should you Sue a Roomate Who Owes You a Deposit

    Quote Quoting novak_12
    View Post
    We were hunting for apartment to rent together but she did not have roommate and we had difference in move-in date, as I still had 1 month left in my old place. The LL did not care as long as he was going to get check from one of us, we did not have background check or anything, just simply a generic lease form he obtained from the Internet and filled in by handwriting. Honestly, I did not think if if that was going to be a problem but in the end before I handed her my own security deposit I drafted roommate agreement to at least have something in writing she agreed for me to move one month later and not just rely on my word against her.

    But I have good news. I finally have received from her today electronic transfer to my Paypal account on Splitwise.



    last month was last month technically in November, so actually we do not own rent since deposit was equal to 1 month of rent and he applied it instead of cashing last month check. But I agree technically, it was sloppy procedure.
    If you want a refund of the deposit, yes, you would owe one month's rent. He applied the deposit to the rent so there is no deposit remaining to refund.

    Since you paid 1/3 months rent (the entire rent amount) as a deposit and presumably you paid your 1/3 share for November (you did say you were paying it to the roommate, correct?), that means you are owed 2/3 months rent from roomate.

    If you paid rent directly to the landlord, you would be owed nothing since he used your 1/3 month of rent deposit to pay 1/3 of your last months rent and cut up your check

  5. #15
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: When Should you Sue a Roomate Who Owes You a Deposit

    Quote Quoting Raster
    View Post
    THe payment / return by check cut up is now moot..but it's a new one on me ....around me if checks are accepted then that's payment ....and I had a different judge hand me my hat merely because tenant told me it was a bad check before he gave it to me ...standing in front of judge no less ...I see JKs point....and if OP is paid ..so it ends .
    An uncashed check is an uncashed check. In most cases it's an arguable point that payment was made when a (good) check is presented but this was a different situation. The check was never cashed so the landlord did not recieve the value of the check. He voided the check and simply applied the deposit to
    the rent. If he was sued, tenant could not prove landlord ever recieved the value of
    the check because it was never cashed. If the tenant wanted a refund of the deposit then landlord is actually due the last months rent. Tenant can't have it both ways.

    As to a judge berating you when you had accepted a known bad check; if you know it was not good and accepted it anyway, it became a promissory note and no longer controlled by bad check laws. It was nothing more than a simple
    loan agreement. The tenant borrowed the money from you to pay the rent and gave you a promissory note in exchange. That removed the landlord tenant relationship from your situation. Your recourse at that point would be to sue for repayment of the loan.

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