I am hoping to get some legal advice, as I am livid about this current situation. Please forgive me for the length of this post.
I lived in a 4-bedroom apt on a month-to-month agreement until Dec 31, 2009. The others in the apt moved in at different times. There was no credit check, but I did fill out a rental agreement upon moving in (although I no longer have a copy). I notified the landlord within 30 days that I would be moving out, and she assured me I would be receiving my deposit afterward.
I moved out, and spoke with her on Jan 12, at which point I gave her my new address and she told me she would mail the check. I didn't receive it. After 2 weeks, I called her again and got no answer. I repeated this process for about 3-4 weeks, leaving messages every time with all of my contact info. Nothing.
Finally, I read up about the CA tenant law, and decided to send her a formal letter. It said that if the deposit wasn't returned within 10 days, I would be taking her to court. It also specified CA law, that she owes me the deposit or a statement within 21 days of moving out. Otherwise, she has no right to keep any of the deposit.
Today, just before the 10 days were up, I decided to give her one last call. To my surprise, she answered. She said that she had mailed me a letter to my OLD address saying that she was withholding my deposit because of my roommate's past due rent. We didn't sign a lease together, but she mentioned some kind of law that says since we are paying for the unit together (and not by separate rooms), I am responsible. Bogus.
As you can understand, I am absolutely livid right now. Does she have any right to do this? I never signed any agreement with my past roommates, so should I be legally responsible for their debts? Isn't it also her own negligence for not performing a credit check before new tenants move in? Additionally, I know for a fact that the landlord is lying about mailing the letter to my old address, since I came by many times to check for mail since then.
I am planning on taking her to court, but I desperately need some legal advice on this issue. Thanks!
I lived in a 4-bedroom apt on a month-to-month agreement until Dec 31, 2009. The others in the apt moved in at different times. There was no credit check, but I did fill out a rental agreement upon moving in (although I no longer have a copy). I notified the landlord within 30 days that I would be moving out, and she assured me I would be receiving my deposit afterward.
I moved out, and spoke with her on Jan 12, at which point I gave her my new address and she told me she would mail the check. I didn't receive it. After 2 weeks, I called her again and got no answer. I repeated this process for about 3-4 weeks, leaving messages every time with all of my contact info. Nothing.
Finally, I read up about the CA tenant law, and decided to send her a formal letter. It said that if the deposit wasn't returned within 10 days, I would be taking her to court. It also specified CA law, that she owes me the deposit or a statement within 21 days of moving out. Otherwise, she has no right to keep any of the deposit.
Today, just before the 10 days were up, I decided to give her one last call. To my surprise, she answered. She said that she had mailed me a letter to my OLD address saying that she was withholding my deposit because of my roommate's past due rent. We didn't sign a lease together, but she mentioned some kind of law that says since we are paying for the unit together (and not by separate rooms), I am responsible. Bogus.
As you can understand, I am absolutely livid right now. Does she have any right to do this? I never signed any agreement with my past roommates, so should I be legally responsible for their debts? Isn't it also her own negligence for not performing a credit check before new tenants move in? Additionally, I know for a fact that the landlord is lying about mailing the letter to my old address, since I came by many times to check for mail since then.
I am planning on taking her to court, but I desperately need some legal advice on this issue. Thanks!
