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  1. #1

    Question Co-Tenant Lease Termination and Security Deposit

    My question involves a roommate in the State of: California

    This is a complicated situation but I'll try and make it as brief as possible.

    I entered a one-year lease with a roommate and I paid the entire security deposit. We both knew that I would not stay the entire year and it would cost approximately $100 to change the name (roommate already knew who would be moving in when I left and would accept this cost).

    After only a couple months the personal differences between us were too much and we decided that I would move out earlier than expected, roommate was given 1.5 months notice. The landlord recieved a notice from me about my move-out date through a release of interest for the security deposit at approximately the same time. My rommmate didn't give me the landlords phone number until the beginning of the next month at which time I contacted the landlord to tell him that I was moving out, would like my name off the lease and asked if he received my written form. He said he had received it and told me I had to go through my roommate to get my security deposit back which seemed strange considering I paid the entire thing and I was moving out and taken off the lease. He then asked if someone else was moving in and I told him that to the best of my knowledge my roommate had someone new coming in.

    Since discussing the security deposit issue with my roommate, they said they could not pay me back in entirety at the time of my move-out date, and they could not agree to specific dates and amounts for a payment plan, and they have since threatened not to pay me back at all - security deposit is over $2,000.

    I have moved out all of my belongings, cleaned my room and re-located. The new roommates stuff were already being moved in prior to my last date there and I have not seen any of the security deposit still.

    What are the next steps to take for getting my security deposit back?

    Do I really have to get it from my roommate and if so, how do I do I ensure that I get my money back promptly?

    If the new roommate's name was put on the lease, does that make my lease void and allow me to get my money back from the landlord? How can I find out if my name is still on the lease and if it is, how can I get it off?

    If the new roommate moved in and my name was still on the lease should there have been an agreement between me and the new roommate and them paying me half the security deposit?

    I feel like these people are living off of my money and I don't want to be liable for anything they do on the property.

  2. #2
    Join Date
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    Default Re: Co-Tenant Lease Termination and Security Deposit

    Small claims court.

    If you signed a release, relieving the landlord of any obligation to return the security deposit to you, then you did exactly that and (assuming the release was in proper form) have no further claim against the landlord.

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