Roommate moved out, and demands me for his full deposit back.

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Julieest

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I live in Santa Monica, CA.
a rent controlled apartment.

So I had 3 roommates. A and B we'll call them.
A and I are on the lease, but B is not, but he had permission from the landlord to be here.

A and I paid for deposit, I paid for a little bit more since I had dogs. The lease we signed ended, and is on month to month now.
A and B both moved out, and I told them to make sure to do a move out clean of the apartment and we could all pay for the cleaning fee together. Which wouldn't have been much anyway.
But they didn't. And still owned me 2 month worth of utilities. And the landlord stopped by the other day and got really angry at how the apartment was left. So I cleaned the apartment, since I would still be living here. But the landlord did say he would have to repaint the walls.
B managed to give me his share of the utilities. and we have no problem whatsoever. A however, demanded that I give him his full deposit back ($800), and said that this is the way his friends do it, that whoever is left in the apartment is responsible to give the people who moved out their deposits back.
Now I've never heard of this, and I have been living in Cali for quite a while. To my understand, its the landlord who gives back the deposits within 30 days (its only been 2 weeks since he moved out), and since our original lease was up anyway it doesn't make me responsible as the last person left on the lease who still lives here. I've explained this to A, and told him that it was his responsibility to make sure he gets his portion of the deposit back by cleaning, and doing a walk through and communicating with the landlord. Now he refuses to pay me the 2 months utilities ($172) and is coming to my house to try to get his deposit from me. I've been really busy lately, and haven't been home during the day, but my neighbors have told me that he's been banging on the doors and windows and trying to open the locks. Technically, it is now my apartment and he should not be coming without permission right?

Will my landlord be able to do anything to stop him from harassing me for deposits? My landlord told me that he would be giving A deposit after he decide on the repainting charges (only for A's room, and part of the living room). But A says none of the damages are his fault and shouldn't be paid out of his deposit.

Do I really have to resort to calling the police if he tries to force his way into the apartment? I don't want to make this into a huge deal, and make it seem like I'm a trouble maker especially because I have a good relationship with the landlord and the neighbors.

Thanks!
 
You are correct; the deposit was provided to the landlord at the time you signed the lease (I'm assuming) and it would be the landlord who would provide "A" with the remainder of his deposit once any owed rent, fees, cost of repairing damages above normal wear and tear is substracted from this.

His "gripe" is with the landlord, not you. Point that out to him the next time he demands this.

An exception would be if all tenants on the lease had moved out and the entire security deposit would be sent to one of the tenants (typically done). It would then be up to them to divide up the deposit.

If he keeps coming over and is noisy or a nuisance to neighbors, call the police on him. The landlord is not the police.

If he refuses to pay his share of the utilities, you can consider suing him for such.

Gail
 
Yes. we wrote separate checks to the landlord for deposit.
I just wanted to make sure that he can't legally demand me for deposit especially because he didn't pay me in the first place.

The landlord has told me that he will not be charging me for any move out costs, is that legally fair?
A won't be able to sue the landlord for this right? (Landlord will be providing a detailed list of costs along with return of what's left of his deposit) I don't want the landlord to get in trouble for empathizing with my situation. Because he knows about the utilities and messiness they left in and I would be the one to apologize to neighbors when they complain about A's partying.
I feel like I would be legally bonded to pay for part of the move out cost since I've lived here too. Or is it more of a gray area?
 
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