Security Deposit Issue with Roommate

[sarah10]

Oregon.

Hello! So my prior roommate and got an apartment together in a month to month housing unit last June. Because of personal matters, I ended up moving out in August (I gave my 30 days and everything). I still had half of my security deposit held with the rental company*, I asked her if she could give it to me now or when she moves out. There was little cooperation on her part and I ended up mailing her a demand letter stating that if she did not pay me my half (and minus only a half of the wear and tear damages (which I got examined by the rental company after moving out)) either before or when she got the deposit back I would be taking her to small claims court. She said that when she moved out and got it back she would give me my half.

After that she got another roommate to replace me, and either didn't ask for a security deposit or pocketed the money.

Now, I have found out through mutual friends that she has moved out and will be moving far away at the end of the summer. I emailed her a cordial reminder and even tried to be nice but have not had a reply. In the demand letter, I stated that she was suppose to tell me when she put her 30 days in. I also emailed the landlord and asked for an itemized list of the damages and money taken out and also inquired if the deposit could be sent to me.

At this point, I am not sure what to do. If I should keep pestering the rental company, or just send her a letter saying I would be suing her if she didn't pay, or wait until she might have the deposit back.

Let me know if you have any advice or anything,

Thank you!


* The security deposit is handled among tenants (splitting and so forth)

 

[adjusterjack]

I still had half of my security deposit held with the rental company*,

* The security deposit is handled among tenants (splitting and so forth)

Seems to be a contradiction there.

To whom did you hand your share of the security deposit when you moved in?

 

[sarah10]

Seems to be a contradiction there.

To whom did you hand your share of the security deposit when you moved in?

The rental company took each half of the security deposit from my previous roommate and I. They will give it back, to her I'm assuming, in a lump sum and it is up to the tenants to divide it themselves.

 

[adjusterjack]

You didn't really answer the question. Try again.

To whom did you hand your share of the security deposit when you moved in?

There are two possible answers.

1 - I handed my share of the security deposit to my roommate.

2 - I handed my share of the security deposit to the rental company.

Pick one.

Here's another question.

To whom do you hand your rent money each month? Same choices. Roommate or rental company.

One more. Do you have a written rental agreement? If yes, who signed it besides you? Roommate or rental company.

If no written agreement, then with whom did you discuss the terms and conditions of your occupancy when you first moved in? Roommate or rental company.

The answers are important in determining who you seek a remedy from.

 

[sarah10]

You didn't really answer the question. Try again.

To whom did you hand your share of the security deposit when you moved in?

There are two possible answers.

1 - I handed my share of the security deposit to my roommate.

2 - I handed my share of the security deposit to the rental company.

Pick one.

Here's another question.

To whom do you hand your rent money each month? Same choices. Roommate or rental company.

One more. Do you have a written rental agreement? If yes, who signed it besides you? Roommate or rental company.

If no written agreement, then with whom did you discuss the terms and conditions of your occupancy when you first moved in? Roommate or rental company.

The answers are important in determining who you seek a remedy from.

I did answer the question. The rental company received the security deposit from us both. They give it back in a lump sum and the splitting of said security deposit is between the discretion of the tenants.

We both paid the rental company the rent.

Yes, there is a written agreement, my previous roommate and I signed it with the rental company.

There is no issue with the rental company, more so I am inquiring how I go about handling this situation with my previous roommate.

 

[HRZ]

You are still short on the facts of exactly how the return was handled...as a. ll I normally made such checks payable to bill Jones AND Sally Smith ...not an OR ...ill bet your lease was not as separate portions but joint and separate for the whole

If RM signed your name to a joint check...look into criminal complaint at theft and forgery...but do not hold your breath awaiting police response .

Read the rules and sue RM for 1/2 plus court costs.

 

[adjusterjack]

I did answer the question. The rental company received the security deposit from us both. They give it back in a lump sum and the splitting of said security deposit is between the discretion of the tenants.

If your roommate has your money you will have to sue your roommate.

 

[HRZ]

Exactly how was the return check made out??

 

[sarah10]

You are still short on the facts of exactly how the return was handled...as a. ll I normally made such checks payable to bill Jones AND Sally Smith ...not an OR ...ill bet your lease was not as separate portions but joint and separate for the whole

If RM signed your name to a joint check...look into criminal complaint at theft and forgery...but do not hold your breath awaiting police response .

Read the rules and sue RM for 1/2 plus court costs.

Well, I'm not 100% sure on how it's handled. I emailed the rental company requesting to see if the deposit could be sent to me instead.

I gave the landlord a money order for half and so did my roommate at the beginning of the lease.

 

[sarah10]

Exactly how was the return check made out??

Yeah, that was the part I am still unsure of. If we both contributed to the deposit and we both moved out (at separate times) then shouldn't the check be able to go to either one of us?

It does have to mailed in a lump sum.

 

[adjusterjack]

Again, if your roommate has your money, you have to sue your roommate. The landlord is no longer in the picture.