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  1. #1
    Join Date
    Feb 2009
    Posts
    1

    Post Being Sued for Security Deposit

    My question involves a security deposit in the State of: California

    (Month to month lease/rent & I'm the only one on Lease agreement as roommate had poor credit and landlord refused to put her on it)

    Roommate and I had a conversation in October '08 that I was ready to move out of the apartment come '09. Roomate said she too was ready to move - but could not do so until April '09. Both agreed that we would both part ways in April. Around 2nd wk of Dec 08 roommate tells me she is moving out by end of Dec '08 and wants her sec dep $400.00 + half of the money we both spent on a coffee table $125. I did not agree to this, we had this argument infront of my friend who was visiting... I told roommate that I would give her back her deposit & table $ if she was to give me a 30 day notice, as any landlord or person renting out a room would require this..Additionally, she was leaving w/out paying the utility bills for the prior month and the month of December as the bills for Dec would not arrive until 'Jan 09. After adding everything up, I did not owe the roommate a sec deposit or half of the coffeetable- I also ended up having to get carpets cleaned in her room as they were dirty and had to get room cleaned in order to get another roommate to move in.

    She moved out by Dec 31st and is now suing me for the sec dep, half of the coffee table, and the 3 days she took off work to move! totaling $2000.

    Any Advise or comments to help prepare for court would be greatly appreciated. Thank You!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Being Sued for Security Deposit

    She's not going to like what will happen in court.

    In order to prevail, she would have needed to have given a proper thirty day notice AND be current on her rent and utilities. She has no claim to the time she took to move - that's her responsibility, not yours.

    She would seem to have a claim on her share of the coffee table, but that's it.

    Obviously, you should speak with a local attorney prior to court - first consultation is usually free - and hire one if you can at all manage to do so.

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