My 2 roommates signed a lease and paid our security deposit when I was overseas. When I returned, I paid them back for my portion of the deposit and moved in, paying rent every month. I have moved out because one of my roommates has been stalking and harassing me, and my doctor advised me to move to a stress-free environment. A new person is already in, and I feel I should get my deposit back because this new person should pay a deposit. (Who is profitting from this?) My stalker roommate won't speak to me about it, and the landlady said moving out violated the lease. However, I did not sign the lease! I just want my money back since I left the room in mint condition and the new person has moved in. I was in a situation where I took over someone's lease and I paid her my deposit when she moved out. I feel I should receive the same respect. (I am dealing with the same roommate). Help!
2007-12-04 02:36:06 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Probably the best shot you have is to get the new girl who moved in to pay you directly for the deposit. You can try explaining to her that you paid a portion of it and since she is subletting the room from you, she needs to reimburse you for at least some of the deposit. I am not sure what you can do legally except sue either your roommates or the landlord for the security deposit back (which would get ugly with legal fees) and would probably not be worth it. A lawyer will most likely tell you that since you violated the lease the landlord is not obligated to give back the security deposit (if that is what the lease clearly states). Since you did not ever sign a lease, my guess is that you could only duke it out with the two roommates. I had a terrible breaking lease experience last year and these are some of the things my lawyer told me at the time. You can always get a consultation from a lawyer for a fee and see what they think the best course of action is. Good luck with everything.
2007-12-04 02:49:52 · answer #1 · answered by Stained Glass- Baby C 11/15/09!! 4 · 0⤊ 0⤋
Well, you gotta practical problem as well as a legal one. You don't say how much is involved so it's hard to determine how big a sledge hammer to use.
Your practical problem is that it appears no one has the extra cash to reimburse you your security deposit. Even the security deposit you put down when you moved in didn't go to the landlord, but rather to the person moving out.
It also sounds like there was no agreement as to what would happen to the "security deposit" you gave it you moved out. All of you probably assumed you would receive 1/3 of the deposit at the end of the lease, when the deposit was returned.
You do have a small claims case based on an oral contract. Whether or not you could make it stick is another story. You should also see the local DA about the stalking thing. The local DA might at least get you a restraining order.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-12-04 02:52:30 · answer #2 · answered by scottclear 6 · 0⤊ 0⤋
It's all dependent upon the state you live in, but regardless- as the other people already said, there is really nothing you can do legally to get the money back. Even when you don't sign a lease, you should at least get a rental agreement in writing- it covers both you and the landlord.
You mentioned that the "stalker" roommate won't speak to you, but have you spoken to the other roommate?
Good luck.
2007-12-04 02:46:21 · answer #3 · answered by BostonCollin28 4 · 0⤊ 0⤋
You won't get your part of the deposit back until the current tenants move out...if they leave the apartment in good condition, that is. The money will go to those who signed the lease. Your name isn't on the lease so it would be up to one of the lessors to give you back your share. Doesn't look good from here.
The only way you can get your part back is by taking the lessor to small claims court. That may or may not work depending upon all of the circumstances.
2007-12-04 04:11:40 · answer #4 · answered by Anonymous · 0⤊ 0⤋
There might desire to have been some written settlement once you moved in. in many situations you pays the 1st and final months hire and likewise supply a secure practices deposit. the risk-free practices deposit is frequently equivalent to a minimum of one months hire. the risk-free practices deposit might want for use purely for the risk-free practices of the room/house. in case you vcause harm to the room/house that's going to be taken from this layer. regular positioned on and tear, the want for regularly occurring portray and/or carpet replace isn't considered harm and is not any longer area of this layer. you will possibly desire to agree on the priority of each little thing on the day you progression in, then you certainly examine the day you flow away to the flow-in record to work out what if something has been broken. the effect is then taken from the deposit. wish this helped some.pp
2016-10-19 03:09:21 · answer #5 · answered by ? 4 · 0⤊ 0⤋
sounds like you will have to try small claims court to force them to pay you back
2007-12-04 02:57:57 · answer #6 · answered by goz1111 7 · 0⤊ 0⤋
Good luck. Legally, you don't have a leg to stand on.
2007-12-04 02:39:52 · answer #7 · answered by primalclaws1974 6 · 0⤊ 0⤋
You should have gotten it in writing. not much leagally you can do now. Lesson learned.
2007-12-04 02:43:18 · answer #8 · answered by sensible_man 7 · 0⤊ 0⤋