i want to consider deposit as last month's rent - california California

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bavareze

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hi

3 roommate, 1 on the lease with the lanlord, the other 2 (including me) subletting.

i have $825 as a security deposit. always paid rent on time.

after 2 months, main roommate handed me a paper stating that she needs to change terms of agreement and charge me $20 for every time i do certain things which she did not want me to do. i never agreed to this changing of terms.

after 4 months, the other subletting roommate left (she gave 30 days advance notice) but the roommate who is on the lease did not pay her the security deposit back (for various reasons like: carpet too dirty, unability to find a new teanant etc)

then i become suspicious about the roommate who was subletting me the room. i was suspicious about her ability and willingness to pay my deposit back. i asked her for a list of damages and other deductions out of my deposit and she said that "first you leave then we'll discuss that".

since she changed the terms of agreement without my consent, i took the freedom to do the same and i informed her that i changed my $825 from security to last month's rent and that i will leave after staying one more month.

then she changed locks (i have police report for unlawful lockout) but i managed to find a way to enter the house thru window =))

now she filed a lawsuit against me for eviction.

she want's to deduct from my deposit
1) stolen computer (there was a burglary at one moment and some of her property was stolen)
2) some money for me smoking, allthow i do not smoke
3) and the rest of the money for "various many other violations of agreement"

also asks for the last mont's rent to be paid (so she can keep the deposit).

what are my chances and what is a good strategy?

i have proofs that she has bad credit, she was late on payments, she did not pay to the other roommate the deposit back.

thanks
 
Read the landlord/tenant laws in your state and after gathering the information to back up your case, you will have to sue your roommate in Small Claims Court. Make sure you have back ups for everything you will be claiming so when you present your case to the magistrate you will have a very good chance when it comes to recovering your deposit money. Good Luck!
 
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