Settlement and deposit return

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boydizza

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My jurisdiction is: California - Burbank

This is actually a 2 part question. They tie together so I did not want to confuse you with two threads.

My roommates and I were renting a house and had lived there for over a year. we were in a lease agreement. We began to receive foreclosure notices on our door. People then began to show up at our door and asking us to purchase the home. Men and women in suits would stop by often to take pictures of the home as well as measurements of the property. We brought this to the attention of the landlord/homeowner and she told us not to worry about it. We made a phone call to some local agents and they made us aware that the property was being foreclosed and that the house was more then 90 days behind on payments and we might want to begin to look for another living situation. We continued to pay rent until we finally asked her to let us know what was going on she continued to avoid the question. We made her aware that we needed to know what was going on and if we should begin to look for another place and she still avoided giving us an answer. We decided that we would not pay her next months rent and made her aware that all we wanted was and answer so we could have piece of mind about our living arrangement. She filed a law suit and took us to court. Somehow we lost the court case and had to pay her the settlement of that months rent plus attorneys fees totaling $3170. We then moved out and parted ways. Here is where it gets tricky. I paid my share of the rent and settlement to one of the roommates who was going to take care of the payment process. I was given a receipt by him for my amount paid. I find out later that he only paid to her the rent amount $2500 and was holding the $670 court fee's until we received our deposit back. She made him aware that we would not be getting our deposit back because the house was not in good condition and the things that needed to be fixed exceeded the amount of the return. She never came by to do a walk out with us or fill out a move-in move out check sheet. We have pictures and witnesses that helped us move and clean to show for evidence. The only problem I have is that fact that one of the roommates is again trying to take the law into his own hands by not paying her the balance owed until she returns our deposit to us. My questions to you are. How do we get back our deposit? How do I make him pay her the balance" ( Although I have a receipt for my part we are all on the lease together so it is still going to show under my name as unpaid and effect my credit later in life) I made them aware that they need to make the payment in full and then we can go after her for the deposit but until then we still look like the bad guys by not paying the settlement in full. I need to know what to do.
 
What a mess. I won't ask about the first lawsuit which sounds a little odd, to say the least. Regarding the settlement, I have no idea what gave the other roomate the right to keep your money. You should probably send a letter to the roomate, certified, demanding he pay the landlord the remainder or else you will be forced to sue him.

With regard to the landlord, you should be making a request for your deposit back formally but you do have a problem. If the roomate isn't paying the full amount of the settlement you'll have an impossible time trying to go to court to get your security deposit back for the reasons you mentioned. The first step is sending a demand letter to the roomate - and you may want to mention that you will also hold him liable for damages as a result of a failure to pay the judgement that results in your losing your portion of the security deposit.
 
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