CA roommate security deposit and opt out question

Status
Not open for further replies.

jbl3168

New Member
In June, 2007 my roommate and I signed a 12 month lease in Los Angeles for a 2BR/2BA apartment. I wrote the check for the security deposit (she paid me half). We both signed the lease - (a contract that was created jointly and severally.) No pets were allowed and no sublets. When the 12 months were over, the lease became month-to-month - as is the norm (perhaps law) in CA, but not noted anywhere in the Lease. It's simply written as a 12 month lease.

Friends for more than 10 years, we are no longer getting along (mostly because she now has a dog which she expects me to help take care of). In June, I told her I would be moving out at the end of August. On July 8, I gave a written 30-Day-Notice to the Landlord, followed up with an emailed copy of the delivered notice that I would be moving out at the end of August. I also discussed this with the manager. The Landlord asked me to sign a 30-Day-Notice on their letterhead which I did. They also want both lessees to sign an addendum to the Lease acknowledging that I will be moving out and she will be responsible for the rent and that I will accept a refund of my half of the security deposit from her - rather than from the Landlord. I discussed the addendum with her, she promised to sign it, but left for NYC for the summer without signing the form. I told her that if she would return the signed addendum to me with 1/2 security deposit, I would then sign it and turn in the paperwork to the Landlord. She has not returned the form or the money.

I am moving out on Aug. 15. She has notified the Landlord that she will sign it when she gets back from her vacation and told me that she will give me the 1/2 of the security deposit when she finds a new roommate. (Who knows when that will be?) She has recently stopped payment on a check for the utilities (which are in my name and I have arranged to stop at the end of the month). I do not want to sign the addendum consenting that I will obtain the security deposit from her. She is unreliable. I provided the Landlord with the requisite 30 day notice. I contend that the Lease was a 12 month lease and if she wants to stay in the apartment that is fine - but that has nothing to do with me since our Lease was a 12 month Lease. She can sign a new 12 month lease with the Landlord if she wants to stay. I don't care if she stays month-to-month - that's not my problem. Our signed 12 month Lease is expired. The Landlord can get a new security deposit from her. I believe the contract is void for 3 reasons, 1) I have given the Landlord the 30 day notice required by California law, 2) she has a dog in an apartment that does not allow dogs, and 3) she sublet the apartment from July 15 - August 15. I have asked for an inspection by the Landlord on my move-out date so that they can observe that the condition is satisfactory upon my move-out.

My roommate is in NY for the summer and will return at the end of August, so she will not be here when I turn in my keys and have the inspection. I know that the Landlord does not have to refund the security deposit until the apartment is vacated, and she is planning on staying there but has no replacement at this time. The only furniture that belongs to the roommate is her bed, so that when I move out the kitchen, living room, dining room, bathroom and 1st bedroom will all be empty at inspection.

Am I required to sign the addendum? If I don't sign the addendum, can the Landlord hold me responsible for rent? Does the Landlord have to refund the security to me since I wrote the original check as I have found written elsewhere? or do I have to get it from my roommate? Since the 12 month Lease is over, is my 30 day notice binding?
 
Your security deposit needs to come from your roomate not Landlord as dwelling is still occupied. You were on month to month and gave proper notice you owe no rent other than for time you lived there. You will most likley have to sue to get money from former roomate. Start documenting your request for the monies. Send emails and certified letters document all calls with date, time etc. The link below can also give you valuable information on CA rental guidelines


http://www.dca.ca.gov/publications/landlordbook/index.shtml
 
Status
Not open for further replies.
Back
Top