Procedural issue involving filing of a claim against landlord without joint tenants.

[Sloop John D]

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

I was on a lease agreement with two other individuals. After the tenancy ended, the landlord refused to return any of the security deposit. I would like to try and get a portion of the security deposit returned, but my co-tenants have decided they would rather avoid any hassle and have declined to become involved. Does anyone know if I would be allowed to pursue the matter, from negotiation attempts all the way through small claims, without the permission or support of the other two individuals on the lease agreement?

 

[sandyclaus]

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

I was on a lease agreement with two other individuals. After the tenancy ended, the landlord refused to return any of the security deposit. I would like to try and get a portion of the security deposit returned, but my co-tenants have decided they would rather avoid any hassle and have declined to become involved. Does anyone know if I would be allowed to pursue the matter, from negotiation attempts all the way through small claims, without the permission or support of the other two individuals on the lease agreement?

Nothing can stop you from negotiating, but you may never get the LL to give up the SD without the involvement of your two co-tenants.

How was the SD originally provided to the LL? Was it in one lump sum (check/cash/money order)? Or did each individual co-tenant pay their own share of the total SD? That's may make a difference here, because if each individual co-tenant paid a portion, then the LL can - and should - return that portion back to the co-tenant that paid it, if appropriate. Otherwise, since it's all one lump sum, the LL can't really pay out parts since he doesn't know who paid what into the total.

The other issue is with any damages that were incurred to the rental property. Since all 3 of you were co-tenants, how is the LL supposed to figure out who caused what damage? Most aren't going to make that kind of distinction. They will just take the damages out of the SD as a whole, and let the individual co-tenants work out who caused what damages, and who is entitled to what portion of the SD that remains (if any).

 

[Sloop John D]

How was the SD originally provided to the LL? Was it in one lump sum (check/cash/money order)? Or did each individual co-tenant pay their own share of the total SD?

Each individual paid an equal share of the security deposit, which was given to me in cash, placed in my bank account, and then given to the LL by check along with the first month's rent.

The fact that each tenant's interest is not easily divisible definitely seems to be the problem with trying to recover my individual interest alone. However, it also seems unfair that I should be barred from protecting my interest just because my co-tenants have no desire to protect theirs, which is what made me believe there could be some exception or procedural rule that would allow me to sue without my co-tenants.

Does anyone happen to know if, perhaps in contract law, any individual party to a contract may sue for a breach, even if co-parties take no part in it?

 

[sandyclaus]

Each individual paid an equal share of the security deposit, which was given to me in cash, placed in my bank account, and then given to the LL by check along with the first month's rent.

The fact that each tenant's interest is not easily divisible definitely seems to be the problem with trying to recover my individual interest alone. However, it also seems unfair that I should be barred from protecting my interest just because my co-tenants have no desire to protect theirs, which is what made me believe there could be some exception or procedural rule that would allow me to sue without my co-tenants.

Does anyone happen to know if, perhaps in contract law, any individual party to a contract may sue for a breach, even if co-parties take no part in it?

So, in the LL's eyes, YOU paid the entire SD. If anything, that only HELPS you to overcome the potential joinder of the other co-tenants in your action to seek recovery of the SD money. Of course, if you are successful, then each of the two co-tenants can then decide to come after YOU for their share of what you recovered due to the fact that they contributed a portion of the cash that was used to make up the total SD.

I'm thinking that the "joint and several" concept may well come into play here in your favor. Just as the LL can choose to come after one, all, or only specific parties to the contract in a breach, you MAY be able to use that same legal concept here to seek recovery of the SD on your own. If the other two co-tenants don't choose to pursue it, that's their choice; but that shouldn't prevent you from doing so.

Let's see what the other senior members think.

 

[Sloop John D]

Thanks for the suggestion sandyclause. It was a good idea.

I called the LL and they caved immediately, so it ended up not being that big of an issue. I'm just going to offer the other tenants their fair share if they want it since I think they're entitled to it, even if they weren't that concerned about negotiating for it.

 

[Zigner]

Thanks for the suggestion sandyclause. It was a good idea.

I called the LL and they caved immediately, so it ended up not being that big of an issue. I'm just going to offer the other tenants their fair share if they want it since I think they're entitled to it, even if they weren't that concerned about negotiating for it.

You don't need to "offer" it - just send each a check for the proper amount (one would assume that you each get 1/3 of it)

 

[Sloop John D]

You don't need to "offer" it - just send each a check for the proper amount (one would assume that you each get 1/3 of it)

Haha. It's not going to be some formal business transaction. I called them co-tenants, but they're my friends. I'm just going to hand it to them next time I see them.