Landlord
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I think it is pretty funny that you demanded your deposit from the landlord.
The landlord does not refund deposits until the apartment is vacated. As long as your roomie is there the landlord keeps the deposit. You can not take any action against the landlord.
You can try to sue the roomie, but unless you have a contract stating that you will receive half the deposit if you leave before the lease is terminated I doubt you will get anywhere.
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wilderwriter
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You have no case against the landlord. You could TRY to take your roommate to small claims court. |
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reenzz
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The landlord is not legally obligated to return any deposit until ALL of the original lease holders vacate the apartment. You can sue you former roomie...but I doubt any judge would grant you a judgment. Why?....the deposit was placed to cover the landlord for damages they you or your roommate may cause. Damages can NOT be assessed until your roommate vacates. |
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gotta be Stella
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I am a property manager and have been in the business for 10 years, both of you signed the lease if one leaves early that is not the landlords issue that apartment will hold that deposit until all residents vacate and the lease completely ends. if you had your roomate sign you off the lease the deposit is now fully his and he should reimburse you. the landlord is in no way at fault. |
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nicole k
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the landlord doesnt have to give it back ur old room mate does ( trust me i've gone through this!!!!) you need to tell the old roomie that you will take them to small claims court. if the threat doesnt work then make it real and take them. it is your money. i sure hope u took pictures when u moved out though if not they can trash it and say that u did it etc. good luck |
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BigApplz ( * )( * )
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As stated, you have no case against the landlord - you're changing the terms not the landlord.
Once you go month to month, unless you renew a lease, your deposit remains on the original terms. Your roommate is not obligated to make you whole. |
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Classy Granny
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To get your half of the deposit back you will need to sue your roommate. The landlord does not have to return it until you both leave.
I am a landlord |
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estielmo
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The landlord is right and you must sue the roomie. |
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julvrug
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Unless you had a written agreement to this affect, you will probably have a hard time attempting to collect before your old roommate moves out, at which time you are entitled to half the deposit from the landlord. I am not sure about legally in your area, but I would assume your old landlord is within his rights to hold the deposit until the roommate either pays him the other half or moves out. |
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I Buy And Sell Houses
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The landlord is responsible for refunding your deposit when the apartment is vacated, per the terms of your lease.
The landlord is not responsible for refunding half the deposit while the lease is still in effect. (Unless you specifically included that provision in your lease. You probably didn't.)
Your roommate is not responsible for refunding half of your deposit. He never received your share of the deposit. The landlord did.
So: When the apartment is vacated, pursuant to the terms of the lease, the landlord is responsible for refunding the deposit in whatever manner is specified on the lease.
As an aside, I suspect that your "formal letter" to the landlord may have irritated the landlord. As noted, while you might expect your half of the deposit back, he's in no way obligated to refund a partial deposit while the lease is still in force.
For the moment, you're over a barrel. No one owes you any money yet. Once the apartment is vacated, you'll be owed your share of the deposit (minus any money withheld due to damage or abuse) from the landlord. |
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jitterbugj
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Wow, it was really nice of you to demand something back from your landlord that he has no legal obligation to do. Maybe you should do your research before you make demands.
In California the Landlord has 21 days to return a security deposit or an explanation of how he used your security deposit.. BUT only once ALL keys have been returned to him. If you move out but your roommate stays it is between you and your roommate, not the landlord.
You need to file against your roommate in small claims court to get your portion of the deposit back. Be prepared with documentation of when you left, copies of letters, emails, etc.. Remember, your roommate has the right to deduct out of the deposit for any damages that were specifically caused by you while living in the apartment so he/she is not responsible when they finally vacate. |
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Marcus
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Everybody has told you the landlord keeps the deposit till the property is vacated and that is true.
You can try legal action, I would knock on the door late at night with a few mates and a baseball bat. You don't actually have to hit him with it, just scare the s4!t out of him. |
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goz1111
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You may want to speak with a lawyer in your area, but I am going to give a different opinion then the rest
If you have a receipt or other proof you gave the landlord your part of the security deposit
Then if you properly have terminated your lease agreement with the landlord, to wit, terminated all future liability under the lease, then your lease has officially ended with the landlord, as such, per statute the landlord is required to make an accounting of your part of the security deposit in a certain time period once your lease agreement has been terminated,
The fact that the other tenant has chosen to stay in the unit, is immaterial if you have properly ended your lease obligation under mtm, its part of doing business the landlord needs to go in make an accounting of the damage and send you an accounting and require the tenant who stays to make up the difference
Also under that theory what happens if after you properly ended the lease, and vacate, and then two months latter the tenant who stays damages the unit? Then you pay?
Talk to a lawyer or just take a chance and sue the landlord in small claims
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cindy
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sue in small claims |
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General Custer
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Sue both of them in small claims court. |
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