Should I take my ex-roommate, or landlord to small claims? and would I win?

Question

I live in Los Angeles, California.
This is my situation. I had initially co-rented an apartment with my friend. We had given a big chunk of money up front for deposit, in which we both gave equal portions. Our lease was set to expire on the 1st of December. I wanted out, so I gave him and my land lord a written 30 day notice in November, and I had moved out before the 1st of December My roommate decided to resign a lease with someone else, in which they got denied, cause of his late payments, and other issues, and decided to move out within the week of me vacating the premises, WITHOUT giving a 30 day notice. I was expecting my big depost within the 21 day grace period, and recieved a call from my landlord stating that since my roommate and I have signed a lease together, we are both liable for the 30 days of rent, in which he is taking out of our deposit, stating that when we signed the lease, he recognized us as a single enitity. I am wanting to take my roommate to court over this.

Answer 1

Yes, you would win. The penalty being forced upon you is completely the fault of of your ex-roommate. I believe your landlord is free from this dispute because their reasoning for not returning the deposit is valid assuming the deposit was the same amount as the unpaid rent. Small Claims Court doesn't require or necessitate lawyers and costs $165 to file. The judge can make your roommate pay for the filing costs if you win. Maybe you could get on one of those TV small claims courts ...

Answer 2

I believe that since you provided 30 days notice as called for in your lease agreement, your landlord has no legal basis to withhold your share of the deposit. Since your roommate did violate the lease agreement, he has legal liability in full.
Yor landlord's argument that since you and your roommate signed a lease together, you are both liable for the 30 days of rent, became void as soon as you gave notice. He has no legal way to withhold your money.
Also, if what you say is true, then as of December 1, there was no lease in place because the previous lease expired. No lease equals no contract. Your landlord was letting your roommate stay there without a valid lease in place???

Answer 3

Check the original contract you signed. It is possible that you did not follow proper procedures. If your notice to the landlord was simply a notice that you were not renewing your lease and the contract requires that since both of you signed the original lease that both of you needed to sign the notice he may be correct. I would think the proper procedure would have been that you and your ex-roomate should have official notified the landlord that you were not renewing your lease and then your ex-roomate should have notified the landlord that he was interested in leasing the same unit with another co-tenant. It should clearly state in your lease whether one co-tenant can cancel a lease without the others consent etc....good luck

Answer 4

hay, yes you can take your ex-landlord/roommate to court,however it is not free,what with lawyers and court cost filing fee's and such. can you contact HUD or like offices. if you do decide to go to court have copies of all paperwork. deposits, rent receipts, repairs and also most important your lease. generally the cost to fight overcomes what you will get reimbursed but most of all if it is pride and not moneys go for it. lots of luck:)

Answer 5

take your landlord to court. he cant withhold your half of the deposit if you gave him the 30 days and he agreed to it.