Results 1 to 10 of 10
  1. #1

    Default Lease Up, Roommates Stayed - Do I Get a Security Deposit Back

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

    I was sharing an apartment with two roommates, all of our names were on the lease. Things were not going amicably and I decided to move out at the end of the lease, I gave 2 - 3 weeks verbal notice to my roommates, but I don't think I even needed to since my lease was ending and I had not signed a new one.

    The landlord typically wanted me to obtain my share of the security deposit from the new tenant since it would make for less work and the premises would remain occupied by bodies. I thought it would be fine but the new tenant will not pay me the security deposit within a reasonable time frame.

    My lease states that the security deposit will be paid within 21 days of the date possession is delivered to the owner or his authorized agent (landlord). Since my old house mates still live there along with a new person, "possession" has not exactly been "delivered". However, since my lease ended didn't I effectively "return possession" to the landlord who in turn could find someone new (the new tenant) to obtain security deposit from? Haven't all my ties to the apartment and the landlord ended? Therefore I am owed a security deposit (minus any deductions should he choose to charge them, given itemized proof) along with a 5.2% interest (in the city of San Francisco, for the each year I lived in the space spanning 3/1/2008 to 3/1/2009).

    I am owed money, but I am not exactly sure from whom. If it comes to it I know I can take someone to small claims court - but who do I legally go after?

    Advice?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Lease Up, Roommates Stayed. Do I Get a Security Deposit Back

    Are you still on the lease or not?

    Did the new roommate pay a damage deposit or not? If so, to whom? If not, why not?

  3. #3

    Default Re: Lease Up, Roommates Stayed. Do I Get a Security Deposit Back

    My 12 month lease has ended and I did not sign a new lease and I told the landlord I was moving out, so I am no longer on the lease. Unless something terribly odd is up.

    The new roommate has not paid a security deposit (I assume that's the same as a security deposit?). When I called to ask he said that he was waiting to ask the landlord why the security deposit had been so high (2 months rent plus $100 where 2 months rent is the maximum in California. I paid the roommate I replaced the full amount - $1567 without questioning it.) Unfortunately the lease does not give a dollar amount for the deposit, I took the roommate I replaced at her word as she was a distant friend and I really needed a place to live.

    In short there isn't really a good reason the new roommate hasn't paid a security deposit to someone, anyone. He said he could pay me when he found out and after they figured out if they could get a fourth roommate in the house to lower their rent/his security deposit. Tired of dealing with him, I said I would go to the landlord for the security deposit.

    Before I go to the landlord I decided to come here to seek some advice and try to figure out what my rights really are and who owes who what and how much.

    Thanks for any advice you might have.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Lease Up, Roommates Stayed. Do I Get a Security Deposit Back

    if you had a lease with the actual landlord, why did you pay a deposit to one of the tenants?

    and your notice had to be to the landlord, not your co-tenants.

  5. #5

    Default Re: Lease Up, Roommates Stayed. Do I Get a Security Deposit Back

    Hi, this is the original poster. This situation is still dragging on so I thought I'd return to this forum.

    To answer JK's questions: there were 3 tenants who signed the lease before anyone moved in. One of the roommates decied to back out and I needed a place to live so I agreed to take over her share of the lease and security deposit. Everything had already been paid so I wrote out a check to her as the landlord preferred for us to work the lease out between the two of us instead of writing out her a check and having me write a new check to him for my security deposit. I did sign a contract, though, simply taking place/responsibility for the tenant whos place I was taking. The landlord was fine with this and I sent him electronic documentation of such. I have the original emails of all of this correspondence.

    I was desperate for a place to live so of course I was willing to do what seemed like a small thing at the time in order to sign a lease. The landlord has always held the entire amount for the security deposit and there have always been 3 names on the lease agreement.

    I notified both my roommates and my landlord that I would not be renewing my lease and that I would be vacating the premises by the end of the contract and asked for my security deposit at the time. I have an email stating my intention to vacate the premises.

    His reply was for me to obtain my portion of the security deposit from the new tenant. Again, I did not think there would be any issues with this so I said I would attempt to.

    The new tenant was unwilling to pay me my third of the security deposit in a reasonable amount of time. As I have no contract with the new tenant I decided to ask my former landlord for the deposit since I had a contract with him. He insists that I ask the new or my former roommates for the money and that I should draft a document stating that I release them, him, and the actual property owner from any further reponsibilities.

    I still believe that as the original contract has ended (and to my knowledge is not self renewing, whether or not 2 of the original 3 tenants continue to inhabit the property) and I had a contract with the landlord that he should pay me my security deposit. I believe my former co-tenants and their new roommate should have signed a new contract and submitted an entirely new secuirty deposit.

    There is a clause in the contract that reads:

    "Deposit refund: The balance of all deposits shall be refunded within three weeks from date possession is delivered to Owner of his authorized agent, together with a statement showing any changes made against such deposits."

    As far as I am concerned, I have "delivered possesion" whether or not others have vacated the premises.

    Thank you for any help!

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

    Default Re: Lease Up, Roommates Stayed. Do I Get a Security Deposit Back

    I did sign a contract, though, simply taking place/responsibility for the tenant whos place I was taking.
    who were the parties to this contract?

    as in, whose signatures are on this contract and who is listed as principals of the contract?

  7. #7

    Default Re: Lease Up, Roommates Stayed. Do I Get a Security Deposit Back

    The signatures on the contract are my signature along with the two tenants I shared the apartment with. No one person is listed as a "master tenant" and our names hold equal weight on the lease.

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Lease Up, Roommates Stayed. Do I Get a Security Deposit Back

    so, you are saying the landlord/apartment company is not on this contract?

  9. #9

    Default Re: Lease Up, Roommates Stayed. Do I Get a Security Deposit Back

    The owner and landlord are referred to as "Owner" or "Agent" throughout the contract. Their names are listed at the end of the contract.

  10. #10
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Lease Up, Roommates Stayed. Do I Get a Security Deposit Back

    You still have me confused. You now state that the LL and/or owner was a party to the contract you signed but previously you stated this:

    I did sign a contract, though, simply taking place/responsibility for the tenant whos place I was taking. The landlord was fine with this and I sent him electronic documentation of such.
    which to me, implies that you did not enter a contract with the LL but with the tenant that never was.


    It makes a big difference which it is. Due to the confusion of the situation, I would suggest a renters advocacy office in the city if available.

    1. Sponsored Links
       

Similar Threads

  1. Security Deposits: Getting Security Deposit Back if an Agreement Can Not Be Made on Lease Terms
    By Marc Pinto in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 06-27-2011, 08:25 PM
  2. Security Deposits: Security Deposit Given, but No Lease Signed - Can I Get It Back
    By MRIKER in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 05-17-2011, 10:37 PM
  3. Security Deposits: Roomate Broke Lease and is Now Wanting Security Deposit Back
    By mlfair123 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 04-27-2011, 09:14 PM
  4. Roommates: Not on the Lease and Ex-Roommate Will Not Give Security Deposit Back
    By tarrra in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 10-12-2010, 06:06 AM
  5. Subleases: Security Deposit Held Due To Subtenant Who Stayed Past Original Lease Term
    By slash101 in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 08-04-2007, 11:10 AM
 
 
Sponsored Links

Legal Help, Information and Resources