Results 1 to 7 of 7
  1. #1

    Default Roommate Will Not Pay Me My Part of the Deposit Back

    My question involves landlord-tenant law in the State of: California
    (deposit amount = $1250.00)
    I was not able to live with my roommate anymore based on trust issues, and she was trying to control the whole apartment. 3 months later I put in my "Notice of intent to vacate" to the property management company. I signed a letter stating, I___________, no longer reside at ____________ address and relinquish all interest in the security deposit on this premises. After signing this with the apartment management company, they gave me 21 days to vacate the property. I left my room in excellent condition, and I've taken multiple pictures.

    Now the problem is that I verbally communicated my ex-roommate that I am leaving Aug 31, and I want my share of the deposit back since I paid half. I told her because you are trying to control the place, you are loud, and I can't trust you.

    She is still refusing to return my deposit and she is seeking advice from other people in regards to this issue.
    I spoke to a person at the property management company, and that person told me we must work it out between ourselves. The person also sent me a letter having a few options to resolve the issue. After reading through the email, it gives us a few options.
    1 of 3 choices;
    1. I move and you find a replacement. I understand I will pay 163.00 for the new roommate's credit check fee, and the process of the paperwork. However the new roommate must pay their share of the deposit.
    2. We both move out and we pay the $325.00 penalty for the company to replace the both of us, and the new person/s credit check and application fee.
    3. We will have to settle this in Small Claims Court.

    I have all my receipts showing that I paid my share of the deposit.
    I clearly told her I'm moving so decide if you're going to stay here, or we both leave. If you stay here you take responsibility to pay your own rent.
    However she is still refusing to pay me. What should be the next step I take?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Roommate Will Not Pay Me My Part of the Deposit Back

    I signed a letter stating, I___________, no longer reside at ____________ address and relinquish all interest in the security deposit on this premises. After signing this with the apartment management company, they gave me 21 days to vacate the property. I left my room in excellent condition, and I've taken multiple pictures.
    How are you going to refute this letter?

    After all, you did write this, right?

  3. #3

    Default Re: Roommate Will Not Pay Me My Part of the Deposit Back

    Quote Quoting jk
    View Post
    How are you going to refute this letter?

    After all, you did write this, right?
    The letter was from the apartment management company. I signed it because they said my ex-roommate would have to return my half of the deposit back. The only way to refute the letter is to appear in court and tell the judge the story, and why I choose to vacate the apartment due to roomate issues.

  4. #4
    panther10758 Guest

    Default Re: Roommate Will Not Pay Me My Part of the Deposit Back

    That may be true but your letter does not read like that. You may have cooked your own goose if your roomate has that letter

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Roommate Will Not Pay Me My Part of the Deposit Back

    Releasing the landlord shouldn't affect any agreement with the ex-roommate.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Roommate Will Not Pay Me My Part of the Deposit Back

    Quote Quoting aaron
    View Post
    Releasing the landlord shouldn't affect any agreement with the ex-roommate.
    Not that I am arguing that point but the deposit is held by the landlord. The landlord has no duty to release the deposit to anybody other than the tenant remaining on the premises now since the OP has relinquished all claims to the deposit from the landlord.

    That leaves the OP with attempting to collect her share of the deposit from the other tenant.

    As with all verbal agreements, one must be able to prove there was such an agreement.

    I would think the courts may not see the reason for leaving the apartment as justifiable to terminate the OP's tenancy and as such may leave the deposit intact with the landlord until the lease with the landlord is terminated.

    The fact is, as pointed out to me in another thread, one co-tenant cannot unilaterally dismiss themselves from a lease without all parties in agreement. As such, if the remaining tenant does not wish to release the OP from the OP's responsibility to the lease, I do not see the OP being able to demand any of the deposit and even still being liable for her portion of the rent (to the co-tenant) until the expiration of the lease.
    Unless California law allows a co-tenant to terminate their responsibility to a lease and the situation here would fall under such statute, I see the landlords actions as being without force.

  7. #7

    Default Re: Roommate Will Not Pay Me My Part of the Deposit Back

    Quote Quoting panther10758
    View Post
    That may be true but your letter does not read like that. You may have cooked your own goose if your roomate has that letter
    I appreciate all your comments. It's funny because what happened is that my roommate was dating our English teacher. He is an elderly, married man. I found out from our school's director that he is married. He tried to seduce other girls from our school to date him, and stay in a hotel. I tried to tell my ex-roommate the story, but she never wanted to listen and always tried to argue with me. Ever since then, she didn't say one word to me and she begin to bring lots of her friends over to party at our place without advising me. When I decided to bring my friends over she would taunt them, and tell them they are loud which everyone was quiet. These are just some of the issues but there are more.

    What do you guys think?

    1. Sponsored Links
       

Similar Threads

  1. Security Deposits: Landlord Wants Part of Deposit Refund Back
    By brendhoff in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 09-23-2009, 10:11 AM
  2. Roommates: Roommate Went Crazy, is Illegally Withholding Part of Sec Deposit
    By Jennif102 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 09-30-2008, 12:19 AM
  3. Security Deposits: My Ex-Roommate Will Not Return My Deposit Back
    By andrerichmond in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 09-06-2008, 10:10 PM
  4. Security Deposits: Getting Security Deposit Back From Ex-Roommate
    By nikefella in forum Landlord-Tenant Law
    Replies: 5
    Last Post: 03-26-2008, 05:59 PM
  5. Security Deposits: My roommate kept part of my deposit
    By studentandi in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 06-01-2006, 07:30 PM
 
 
Sponsored Links

Legal Help, Information and Resources