My question involves a roommate in the State of: CA
I moved to CA from another state last year and my roommate verbally agreed that I can move in with $500 deposit and then I will start paying regular rent on the 1st of every month. I moved in Dec. 8th, 2007. Rent due on Jan. 1st. So I gave her $500 dollars for the deposit. I gave her cashier's check and didn't make a copy of it.
Also, we bought a television together. So when I talked to her about moving out, she told me that if I moved out without any notice she will not pay me half of the TV but only will give me the deposit money. So I gave her 30 days notice and a pro rated amount for the rent. (BTW - this conversation was done through text messages)
When I went and pick up the check for the TV - she told me that she will pay the deposit on Oct. 15 which is 26 days after I moved out. I agreed and told her that I will pick up the check. Until now, she hasn't responded to my text and email about as to when can I pick up the check. I know she is going to refuse to pay me the $500 so what is my stand in taking this case to a small claims court?
I didn't save my text messages from her as I have changed my phone since the conversation. I don't have any documents that I signed about the lease but I did indicate in my 30 notice that, to issue the deposit refund within the timeframe allowed by law. I gave her a notice on Aug. 20th and I moved out of the place Sept. 1st, I took pictures of the room before I moved out and have checked the room when I picked up the check for the TV. It was all good and no damaged. Plus I have witness that the room was in good condition when I left.
Will I have a chance to get this deposit even if I don't have any written proof, including text messages?
Also, in her text message, she told me that if we would have counted every penny she paid for power bills I will owe her. When I first move in, the ad she had on the paper is that PGE is about $45 a month and free cable. But then she was unable to pay her cable bill and the company cut it off. She made me hook up Directv and I pay 95+ a month because there's a receiver in her room and in the living room which her daughter stays and watch tv. And I got internet for 40+. She had used this internet connection as well as my computer to check her emails and all and created her website for her business using this internet. The whole 8 months I was there, I didn't pay PGE but paid cable and internet which I never asked her for her share. I asked her every month how much do I owe her for PGE and she said it was already covered and that we are even because I am paying cable and internet. Now she threatens me that I will owe her for PGE.
Also, in the span of 8 months, I started dating and this person stays at my house about 3 days a week as she was a flight attendant. My roommate and I talked that if my GF stays in the apartment for more than 7 days I had to pay her $100 or get groceries worth $100. My GF only stayed twice for more than 7 days and both times I had gone grocery shopping and paid her $60 bucks as that is what she asked me then.
I would greatly appreciate it if someone could help me.
Thanks,
M

