Security Deposit

[south]

Your issue is with the roommate, the agreement you have is with the landlord and needs to be followed..

It sounds like your situation has changed since original post, if roommate moves out with out giving notice the landlord will keep security deposit to cover damage and period of time required to give notice.

The landlord will have 21 days to return dep or give reason why not.

It does not sound like you will get it back; if your roommate has not moved out yet ask room mate when they will be leaving and give notice. That will probably be your only chance of seeing a security deposit.

If your roommate is looking to stiff the landlord for rent which would be the only real reason for not giving notice, then you will have to file a small claim against your roomate once you have established who owes what.

The landlord also will not release deposit until unit keys are returned.

To clarify - I moved out and my roommate said she would give me the SD. Now she is not doing so. LL won't give it to me either....

Supposedly my RM is moving out, but is NOT going to give LL notice. Won't the LL withhold the SD from me as a result???

S.O.S.

 

[yaelsophia]

Sorry 4 the confusion....

The situation has not changed, it's all there in the original post. In the original, I had even cut and paste my roommates email stating that she is moving and not giving them notice. The facts are all still the same:
- I moved. RM stayed. She said she was going to give SD herself since LL would not refund me since unit was not vacant.
- She has no $ to give me SD, so she kept on delaying.
- LL raised rent (b/c she was not on original lease), and now she is SUPPOSEDLY moving out, but not giving them notice (b/c she is pissed).
- RM will no longer talk to me.
- I would like to pay a lawyer to write letters - one to RM and one to LL.

Thank you!

 

[south]

Its fairly simple..

If roommate never signed a new lease, then the old lease is still in force because it is a roommate, and the unit was never released back to owner.

The roommate needs to give proper notice or you do it.

What ever the roommate does not pay will be deducted from security deposit.

Once this is all over what ever the roommate owes you, you will have to file a small claim.

In regards to landlord he has a lease and a deposit, the landlord simply wants it followed, unless you received a letter from landlord acknowledging your release from the agreement you are still bound to it, if you gave originally notice to the landlord makes no difference you are still tied into the contract and terms of the contract until the unit is vacated and keys returned.

Your best bet at this point is have someone you know in California call the 800# I gave you.

The situation has not changed, it's all there in the original post. In the original, I had even cut and paste my roommates email stating that she is moving and not giving them notice. The facts are all still the same:
- I moved. RM stayed. She said she was going to give SD herself since LL would not refund me since unit was not vacant.
- She has no $ to give me SD, so she kept on delaying.
- LL raised rent (b/c she was not on original lease), and now she is SUPPOSEDLY moving out, but not giving them notice (b/c she is pissed).
- RM will no longer talk to me.
- I would like to pay a lawyer to write letters - one to RM and one to LL.

Thank you!

 

[yaelsophia]

LL has accepted my termination but will not give me SD

Hi South - thank you so much for all your help! To clarify - she was added to the lease, the LL is saying she did NOT sign the ORIGINAL lease. I gave the LL notice and he has accepted my termination. But he will not return SD b/c unit is still inhabited. Does LL not know what he is saying? LL said: “We do not refund deposits until the apartment is vacant. If you leave the apartment with someone else in possession, the apartment will not be considered vacant.” But LL also sent me a letter acknowledging the termination of my lease, and saying that he was going to raise my RM’s rent. Can he not have it both ways? Thank you so much!!!