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  1. #1
    Join Date
    Apr 2007
    Posts
    2

    Default Ex-Roommate Suing for Security Deposit

    I had a roommate move out (Redondo Beach, CA) about 7 months ago to start a family. He originally got the apartment and paid the security deposit to the landlord. When we moved in the apartment was just redone - new paint, carpet, kitchen, etc... We had discussed repayment of the security deposit from myself and the new roommate once he was gone (nothing signed), but after he left we noticed many things wrong that he claimed he was going to repair and never did (numerous holes, stained and cut carpet [not small, but the width of a door, which he claims in normal wear and tear for 1 years living], cracked paint).

    He was supposed to show up 2 days after moving out to pick up left belongings (abandoned items??) and repair the holes and never did. He dropped by once or twice when in the area and never came up, I ran into him on the street and we talked briefly there. There were some emails a few months later where he inquired about the deposit and we sent him an itemized list of deductions and said if he requests the final value ($300 from $1600 deposit) we would be glad to give it to him. 3+ months later we hear back when he sends a letter requesting the full deposit or he will sue for twice the amount.

    I have read some of these postings and people are generally told that if one roommate moves out they should pay him his portion of the deposit, and amend the amount when they move out and the damages are totaled, if they can prove that the damage was done when he was there. I have also seen the California courts website quoted (below) saying that the landlord should pay him and then collect anew from us.

    Before moving out he said he couldn’t get the building manager to inspect, so the maintenance guy poked his head in and said it looked good. He didn't walk around and he couldn't see anything as boxes were piled all over and items were not yet off the wall.

    What if only 1 roommate is moving out?
    If the person moving out paid the deposit to another roommate, that roommate has to return the deposit. If the person moving out gave the deposit to the landlord, the landlord returns the deposit."

    http://www.courtinfo.ca.gov/selfhelp...rch.htm#secdep

    I believe that this situation falls into the quote from courtinfo.ca.gov but I want to be sure. Also, I have scanned over CA Civil Code 1950.5 and I can't find anything to backup what is on the courts website, so if that is the case, can someone point me to where the verbiage is in the civil code, or other written law beyond the internet?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Ex-Roommate Suing for Secutiry Deposit

    When you moved in, what happened? You were added to the lease? A new lease was issued in all of your names?

  3. #3
    Join Date
    Apr 2007
    Posts
    2

    Default Re: Ex-Roommate Suing for Secutiry Deposit

    We were all on the lease when I moved in. He was the only one that paid security deposit. When he moved out a new lease was signed with myself and the new roommates. On the new lease it does specify that there is a $1600 security deposit paid, though nothing has been collected from us.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Ex-Roommate Suing for Secutiry Deposit

    You're not his landlord, and you're not holding his security deposit, so I don't see how he would have a claim for twice the deposit. I would say that I also didn't think that a court would enforce your promise to repay the security deposit to him, but strange things sometimes happen in small claims court.

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