***Roommate Agreement Dispute. Bully Lease holder not giving back deposit***

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jamiekkest

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I moved into a room in a house in September 2010. Signed a roommate agreement. Gave a $750 deposit to the lease holder not the landlord. In April of 2011 I told the lease holder I was looking at apartments and will be moving out soon. The lease holder took it as, I was giving him my thirty days notice. The lease holder informed me on May 23, 2011, if I was unable to find an apartment I could stay but needed to move out the room I was occupying because he rented out my room to someone else for June. But I could move into a smaller room in the house. I told him we miscommunicated and I would put my thirty days in writing if I were to leave. He said I already did verbally and it didn't matter if I wrote it down or not. I tried to resolve the issue but he did not want to resolve it. I was either left being kicked out of my room or to get out. So I decided to honor this verbal thirty days notice, sent a letter via email of me leaving and left the property on the 31st of May.

The lease holder is now saying that I didn't give him the proper thirty days notice and is not giving me my deposit back.

I called the California Department of Consumer Affairs. They informed me, it was illegal for a lease holder to obtain my deposit. Only landlords can keep the deposit. Not roommates.

I need to know if he can keep my money? If not, how and what do I need to do to get my money back.

Here is the correspondence we had and the agreement attached. (Start at bottom and then read up) All names and address have been changed.

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Really??? A, you were VERY adamant to the point of raising your voice with me, that I verbally gave you my 30 days notice and that it didn't matter if I wrote it down or not. You already made arrangements with Scottie (before our discussion) to move into the room I was occupying and I was to move into the middle room. You did not want to continue the conversation after I asked how we were going to resolve the issue and you made no effort to resolve it. I was left with, either being kicked out of my room or get out. So I guess I am just as confused as you are.

J


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-----Original Message-----
From: Lease Holder
To: J
Sent: Wed, Jun 1, 2011 4:15 pm
Subject: Re: Mail and Thanks

J,
I'm a little bit confused. A little over a week ago you were quite adamant that you never gave me a thirty day notice. You stated that if you gave me a 30 day notice, it would be in writing. You told me on May 25th that you would be moving out May 31st. Can you please clear this up for me? Something doesn't feel right.

Thanks,
Lease Holder

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On Jun 1, 2011, at 11:08 AM


Lease Holder,

I have forwarded my mail, but incase any do pop up at your house please let me know.
Here is my forwarding address where you can send the deposit.

Los Angeles CA


Thank you for putting a roof over my head.

Best Wishes,
J
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(ME)
After reflecting on our conversation on Monday, I can see where we got lost in translation in regards to the 30 days notice. I am sorry I was unclear in the beginning and understand your frustration.
The last thing I would ever want to do is upset you after everything you have done for me. I appreciate you extending an offer for me to stay but in good faith I must decline. I will make arrangements to be out at the end of this month, (Tuesday, May 31, 2011)
so Scottie can take over the room. If there are any further expectations let's discuss.


Thank you for all you have done for me.
Pretty Girl will miss you,

J
 
You can't just demand that he release your money, and he does it.

That does sometimes occur.

If it doesn't, as in your situation, you'll have to sue him in the small claims court for your county or city.
 
I was advised that if he does not give the money back, it could be a form of theft. A roommate has no legal right to obtain or keep my deposit. I am right now awaiting a detective to call me back.
 
I was advised that if he does not give the money back, it could be a form of theft. A roommate has no legal right to obtain or keep my deposit. I am right now awaiting a detective to call me back.

Okay, do you think if he's arrested, you'll get your money?
 
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