Security Deposit

[yaelsophia]

HOMEGURUlease help SECURITY DEPOSIT withheld by roommate & Landord - Please Help!!!

FYI – I’ve EDITED and made it EASIER TO READ! The bottom line is that I can’t get the SD from my roommate or my Landlord. Here are the pints:
• California - I've lived in a Rent Stabilized (not controlled) apartment in Los Angeles since 1997 with a roommate.
• I decided to move out and gave my 30-day notice on January 29, 2005, because I was moving to NY on February 28, 2005. My roommate planned to stay in the apartment.
• The Security Deposit for the apartment is entirely mine since before my roommate moved in, I was living there alone. (The Management Company knows that it’s mine as they paid me the interest on the Security Deposit in December, and did not pay her anything).
• When I left for NY on the 28th, she was supposed to give me my security deposit, but last minute said that she did not have it and would send it to me in the mail. (I had asked the Management Company to refund it to me as I was scared that this was going to happen, and they sent me the following email: "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.")
• The management company sent her a notice telling her that they 1) did not consider her as on the lease (or at least part of the original lease) and thus 2) are raising her rent dramatically.
• Isn’t the management company being inconsistent by maintaining that they can raise the rent because there is a new lease, but also saying that it is not vacant AKA in someone else’s possession…?
• During the past month, my roommate has been deciding whether to fight them on the issue. In the meantime, she has not returned my security deposit, first because she did not have the money and then because she thought if she were leaving soon, I might as well wait for the management company to refund it to me. Supposedly, she is planning on moving. However, she is not giving notice to the Landlord since she is so mad at them.
• I am scared that her actions will actually screw me:
1) That by not giving them notice, I will not get my SD.
2) When I moved, I hired a maid so that it would be clean, I’m scared that she will leave it a mess, and thus I will get a much reduced amount.
3) That she is lying and might not even be moving, and is just procrastinating.
Any advice? Thank you to those who have answered and also in advance to anyone else that will help!

 

[ENASNI]

Oy

You really have asked a difficult question here Sophia... Hmmm..
Okay... lets take this apart a bit... The Security Deposit usually does stay with the apartment and the last person there. The person leaving defaults it to the last renter (leaving it between themselves to figure out how to split it up).
As the LL can not tell how the dwelling is going to be left... therefore the deposit is left to secure his property..
Because someone is still there there is no way to completely inspect it.

Now it gets tricky... they are sort of starting a new lease,,, and sorta not... They are giving a 60 day notice of increase in rent as though she was an existing tenant... see. So as I see it they are going on the fact that she is one of the original people on YOUR lease...
I am kinda at a loss here... so This bumps up your post and maybe one of the others around here will help me out...or bring me a cookie... I am hungry.

 

[ENASNI]

bump

Bump.. this is long and hard to read... but I need help!

South? Treese...?

Bueller? Bueller?

 

[nanaII]

Although you may lose your ex-roommate as a friend over this, and it may or may not work, I would send a certified letter to the management company stating your position: 1) You gave notice on December 29 that you would be vacating the apartment. 2) That you vacated said apartment on <date>. 3) You are demanding the return of your security deposit within 30 days.

I would then leave the issue between the management company and your ex-roommate.

What should have happened back in December was to give notice that you were vacating the apartment and demanding the return of your security deposit. Your ex-roommate should then have been in contact with the management company to start a new lease with them. She would have had to pay a deposit and go through the rental process, and this would have relieved you of any further responsibility.

If I am totally off-base here, I am willing to be enlightened.

I have two questions. Was your roommate added to the lease when she moved in? Also, what was the term of the lease - renewed annually, or were you renting month-to-month after an initial term?

 

[yaelsophia]

Thank u so much for your help!!!!! I appreciate it so much. To answer your questions, they are saying that she was added onto the lease, but not on the original lease. Also, the lease was month-to-month. I wish I had done what you had suggested, but (at the time), I liked my roommate and knew that if she started a new lease, they would def raise her rent, and I was trying to be helpful! Thank you!!!!!

 

[south]

Damm that was long and hard to read by the time I read through it I forgot the first part!

Any way, the landlord cannot have it both ways if unit is under rent control and they are stating new lease and want to call your roommate a new renter then by law they have 21 days to return your deposit or a reason why not.

If they state they are keeping your deposit because unit is still occupied then they cannot raise the rent more than 3% a year, and you need to get your roommate to give you the deposit as you are no longer there and roommate wants to keep the rent at the same rate.

Any sane landlord would prefer to call this a new tenant and give back your deposit thus giving them a chance to increase the rent by more than 3%.

The reality is your landlord is holding his breath and knows very well as long as the roommate is in there they cannot raise the rent by law.

Other than that call this number 1-866-557-7368 to bring the landlord back down to planet earth.

California. My Security Deposit is being withheld by my roommate (who still lives in the apartment) and by my Landlord. I moved out and the Landlord said that my roommate would have to return the SD to me (SD was all mine). However, she cannot afford to pay me or wants me to wait to be refunded until she moves out, so is withholding it from me. More details of the situation below. I know what follows below is really long but it has all details to the situation. Any advice would be GREATLY appreciated. Thank you!!!

I've lived in a Rent Stabilized apartment in Los Angeles since 1997. I have been on the lease from the beginning and have had several different roommates. As of a year ago, the Landlord hired a Management Company to deal with the tenants. I decided to move out and gave my 30-day notice on January 29, 2005, because I was moving to NY on February 28, 2005. My roommate planned to stay in the apartment. The Security Deposit for the apartment is entirely mine since before my roommate moved in, I was living there alone. (The Management Company knows that it&#8217;s mine as they paid me the interest on the Security Deposit in December, and did not pay her anything). When I left for NY on the 28th, she was supposed to give me my security deposit, but last minute said that she did not have it and would send it to me in the mail. (I had asked the Management Company to refund it to me as I was scared that this was going to happen, and they sent me the following email: "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.")
However, the management company sent her a notice telling her that they 1) did not consider her as on the lease (or at least part of the original lease) and thus 2) are raising her rent dramatically. (Isn&#8217;t the management company being inconsistent by maintaining that they can raise the rent because there is a new lease, but also saying that it is not vacant AKA in someone else&#8217;s possession&#8230;?)
During the past month, my roommate has been deciding whether to fight them on the issue. In the meantime, she has not returned my security deposit, first because she did not have the money and then because she thought if she were leaving soon, I might as well wait for the management company to refund it to me. Supposedly, she is planning on moving, and I received this email from her yesterday (I asked her if she had made a decision):
"well, legally I am supposed to have sixty days from the next billing period and they served me the notice on March 4th (to their disadvantage) so I legally have until June 1 at this rent rate. However, I am going to find a place and move as soon as I find it. They want to screw me, so I wont give them notice. I am looking right now. Please don't write them any letters or talk to them before I do. I don't want them to find out I intend on moving before I tell them, who knows what crap they will pull. I will let you know as soon as I find a place and give them notice but I imagine it will be before or on May 1."
As a result of this email, I am scared that her actions will actually screw me. 1) That by not giving them notice, I will not get my SD. 2) When I moved, I hired a maid so that it would be clean, I&#8217;m scared that she will leave it a mess, and thus I will get a much reduced amount. 3) That she is lying and might not even be moving, and is just procrastinating. My friend that is a Landlord said that: "you could try is to write another letter (or a lawyer to write one) to the mgmnt. Tell them that they should return your deposit to you since they are adopting the position that [your roommate] was not a part of your lease/contract with them and they are maintaining that she start a new occupancy. Tell them that they should pay you then collect from her, serving her notice if she does not pay them. You should also inform them that their illegal action in attempting to raise her rent is causing her to refuse to pay you until it is all resolved and that you hold them responsible. Sorry that this is SO long! Thank you!!!

 

[yaelsophia]

Edited - I hope it's clearer - sorry!!!

FYI – I’ve EDITED and made it EASIER TO READ! The bottom line is that I can’t get the SD from my roommate or my Landlord. Here are the pints:
• California - I've lived in a Rent Stabilized (not controlled) apartment in Los Angeles since 1997 with a roommate.
• I decided to move out and gave my 30-day notice on January 29, 2005, because I was moving to NY on February 28, 2005. My roommate planned to stay in the apartment.
• The Security Deposit for the apartment is entirely mine since before my roommate moved in, I was living there alone. (The Management Company knows that it’s mine as they paid me the interest on the Security Deposit in December, and did not pay her anything).
• When I left for NY on the 28th, she was supposed to give me my security deposit, but last minute said that she did not have it and would send it to me in the mail. (I had asked the Management Company to refund it to me as I was scared that this was going to happen, and they sent me the following email: "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.")
• The management company sent her a notice telling her that they 1) did not consider her as on the lease (or at least part of the original lease) and thus 2) are raising her rent dramatically.
• Isn’t the management company being inconsistent by maintaining that they can raise the rent because there is a new lease, but also saying that it is not vacant AKA in someone else’s possession…?
• During the past month, my roommate has been deciding whether to fight them on the issue. In the meantime, she has not returned my security deposit, first because she did not have the money and then because she thought if she were leaving soon, I might as well wait for the management company to refund it to me. Supposedly, she is planning on moving. However, she is not giving notice to the Landlord since she is so mad at them.
• I am scared that her actions will actually screw me:
1) That by not giving them notice, I will not get my SD.
2) When I moved, I hired a maid so that it would be clean, I’m scared that she will leave it a mess, and thus I will get a much reduced amount.
3) That she is lying and might not even be moving, and is just procrastinating.
Any advice? Thank you to those who have answered and also in advance to anyone else that will help!

 

[ENASNI]

ye gads

Yoodle
Not much clearer but at least South answered..

Where were you South?.. I was waiting for my Cookie for days.

Its a sad sad situation... quoting Elton John I think...
Is it Elton..
Hmmm
on a pain pill. sorry... long story.. and like some I
don't like to string things out.
well if you want to hear it
well so it was like this there was this doberman...and a pan and hot oil and well.... no only kidding..

read Souths response again...
do some demanding...
cross your fingers..
Jeesh how much is this deposit?
Good luck!

 

[yaelsophia]

Thank you

Your posts have been really helpful. The SD is a nice chunk of change, over a grand. Sorry - I thought I made it easier to read. I will write a letter to the Landlord, although I already have, and landlord said that as long as the apartment is occupied, I can't get my SD. BUT he DID already raise her rent (starting May)....essentially starting a new lease (his reason was that she wan't on the original lease). Any other thoughts? Thank you!

 

[south]

No cookies for you!! Cookie muncher

I think my post and RC number went through the posters ear and out the other side.

One day my name will be up in lights then you will recognise my posts....

Cheese Muncher

Yoodle
Not much clearer but at least South answered..

Where were you South?.. I was waiting for my Cookie for days.

Its a sad sad situation... quoting Elton John I think...
Is it Elton..
Hmmm
on a pain pill. sorry... long story.. and like some I
don't like to string things out.
well if you want to hear it
well so it was like this there was this doberman...and a pan and hot oil and well.... no only kidding..

read Souths response again...
do some demanding...
cross your fingers..
Jeesh how much is this deposit?
Good luck!

 

[nanaII]

Your posts have been really helpful. The SD is a nice chunk of change, over a grand. Sorry - I thought I made it easier to read. I will write a letter to the Landlord, although I already have, and landlord said that as long as the apartment is occupied, I can't get my SD. BUT he DID already raise her rent (starting May)....essentially starting a new lease (his reason was that she wan't on the original lease). Any other thoughts? Thank you!

If all else fails, you need to demand the deposit money from your ex-roommate. She is trying to save herself some money, but she would have had to pay it if she'd had to rent a place on her own. If she won't pay it, then I would tell her she need to vacate the place so that you can get your deposit back.

 

[yaelsophia]

Messages for SOUTH, NANAII

SOUTH - the # does not work from my calling area (I am in NY).

NANAII - I have demanded in writing from my roommmate what you have said and it has failed. She said no....

See- I have already demanded the SD from the LL and my RM and they have both said no...that's why I am so frustrated.

THANK YOU!!!

 

[nanaII]

South??.. ENASI??... can she evict her for non-payment?

 

[yaelsophia]

How can I evict? I don't live there anymore.....

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.

 

[ENASNI]

Nope

Nope Nanall... not an issue here.
I am still in the belief that the security deposit is staying with the apartment until the unit is vacant.
Which is why I called for help in the first place... I don't like to question South but because the apartment was never fully vacated.. the LL can, in my mind keep the deposit until it is secured back to him in good condition.

This "roommate" better move when she says... keep it clean and the LL better send the deposit or what is left to the original payor in NY ... thats my opinion... I think it is a waiting game at this point.

A strong letter to the roommate to give proper notice would be in order no matter how "mad" she is at them... they have the right to raise the rent, and the have the right to know it is going to be vacant so they can prepare to fill it again.

Another letter reminding the managment company that you are the one entitiled to any remaining securtity deposit as well.

Someone may come along and call me a ninny... but that is the way I would have had to do it... sorry.
Okay guys... come and get me.