Landlord holding my security deposit

[calidui]

What is the name of your state (only U.S. law)? -California

Hello,

I lived in an apartment with some roommates one being the Landlords son. The entire experience was horrible. One of the main issues was unpaid or late utilities resulting in outages.
The utilities were in the Landlords sons name and he took complete control over the bills. I was basically at his mercy and the Landlord did nothing to help out.

To be clear I paid her son who was just another roommate for utilities and I paid the Landlord money for my rent.

Towards the end of my stay the Landlords son went MIA. I was helpless and all the bills were going to be shut off. I emailed her and asked her to pay for the bills on his behalf and I would pay him our arranged amount directly once things were settled.

I have now moved out. The landlord is trying to charge me for the balance of utility bills that she paid for that are in her sons name. These bills have nothing to do with her. She paid them in good faith for her son but legally they have nothing to do with my security deposit.

Does the landlord have a leg to stand on in small claims ?

 

[Zigner]

It would depend on exactly what the leasing arrangements were.

 

[Who's Liable?]

No. The LL cannot reimburse herself for her sons bills by offsetting your security deposit. That is an arrangement between herself and her son.

 

[Zigner]

No. The LL cannot reimburse herself for her sons bills by offsetting your security deposit. That is an arrangement between herself and her son.

Again, it depends on the actual lease agreement. If he has a roommate that he is jointly liable with, then the LL most certainly CAN do this.

 

[Who's Liable?]

This has nothing to do with the lease. OP stated they paid the utilties to the roommate and the rent to the LL(roommates mother). Therefore the utilties do not fall under the lease, they are separate. Hence the reason the LL cannot deduct the utility bill she paid for her son from the OPs SD.

 

[Zigner]

This has nothing to do with the lease. OP stated they paid the utilties to the roommate and the rent to the LL(roommates mother). Therefore the utilties do not fall under the lease, they are separate. Hence the reason the LL cannot deduct the utility bill she paid for her son from the OPs SD.

It is easy to envision payments being made this way and the parties still being jointly responsible for both rent and utilities.

 

[tranquility]

It is easy to envision payments being made this way and the parties still being jointly responsible for both rent and utilities.

I agree with Zigner. If the tenants, by their rental agreement, were required to maintain utility service I don't see why the security deposit couldn't be used. I know the reverse is true. If the tenant has to pay to keep the utilities on and they were the landlord's responsibility, he could deduct the payment from rent owed.