Long story short... my former roommate is withholding $400 of my deposit. It has been 2 months since I moved out and was taken off the lease. Since this former roommate is not the "official" landlord (that title would be reserved for the Managers of the Apartment complex), would I be able to sue him in small claims court and win back my deposit?
California law states that a landlord must return your deposit 21 days after you have moved out... but I am not sure if he would qualify as a landlord?
Thanks in advance.
2007-03-07 23:03:38 · 6 answers · asked by adam l 1 in Business & Finance ➔ Renting & Real Estate
If you gave your roommate the money, then he is the one who has to return it.
If you gave it to the landlord, your roommate is still the one who has to return it because the deposit is for the unit, not per individual.
Unless it was broken out in your lease that $400 is the deposit for Mr. A, $400 is the deposit for Mr. B, etc, it's a single deposit. In that case, the landlord would have to return your portion and they would make the remaining tenant replenish it.
It's like the rent. A landlord doesn't care if one of you pays it all or you each pay half, as long as they get the whole thing.
Who does or does not qualify as your landlord isn't the issue. Your ex-roommate owes you $400. If he isn't willing to pay you, file in small claims.
This is a perfect example of something that should be sorted out before you move.
2007-03-08 02:04:23 · answer #1 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
The former roommate should have done an inspection, listed the reasons why he wants to withhold from the deposit and addressed it accordingly from there...he gives you back your share of the deposit minus damages, since the real landlord would charge all leasees against the deposit he has. So roommate gives you back your share and either finds a new roommate or waits to get the whole sum back from the owner.
2007-03-08 02:05:02 · answer #2 · answered by kingstubborn 6 · 0⤊ 0⤋
Take them to small claims, odds are they won't show up and you'll have automatic judgement. You'll be awarded the 400 and reasonable fees ie filing etc etc. Then you will have to collect, which will probably mean that you will have to garnish thier payroll. The process is not difficult and if you're nice to the people in the courthouse they will help you with the entire process. If they do show up at court, small claims is just you and the judge with no real burden to prove the law, just common sense. Bring ample documentation ie lease agreement, copy or proof of deposit. If you were wronged you will probably win
2007-03-08 02:06:44 · answer #3 · answered by stinkinggenius2003 6 · 0⤊ 0⤋
I hope you have a receipt or cancelled check for the deposit and it is marked deposit! That will improve your chances greatly! If not you better have some darn good witnesses that are believable.
I wish you the Best of luck on this.
Always remember.....be able to back
up what you say with your evidence.
A friend once told me court is where 2 liars testify to see who is the best liar.
If he took your money and you rented from him he OWES you money! So long as you can prove it. It's a sub lease.
2007-03-08 02:43:17 · answer #4 · answered by LucySD 7 · 0⤊ 1⤋
Im not sure if he would qualify as landlord either...check with a legal aid society, tell them you are really, really poor (they have max income requirements) and then ask them your question...they will tell you if you have a case...if you do, sue
2007-03-08 00:24:34 · answer #5 · answered by Anonymous · 0⤊ 0⤋
yes
2007-03-07 23:08:09 · answer #6 · answered by skcs11 7 · 0⤊ 0⤋