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Updated over 9 years ago on . Most recent reply
Confusing deposit refund situation! Help!
As a tenant and someone looking into having investment properties down the line, I have a particular situation I need advice on.
I was renting a flat in LA with a friend, both our names were on the lease. She planned to move out when the lease was up, as did I. A week before we were meant to give notice to the landlord, she changed her mind and decided she wanted her boyfriend to move in with her.
The landlord told me that since the unit would not be fully vacated, despite him making her and her boyfriend sign an entirely new lease and pay him a large deposit (partially due to him being a British citizen, supposedly), that I would have to recoup my deposit directly from her. She agreed to this, but did exactly what I expected, which has been dodging me since April.
My question is, is the landlord in the right to force me to recoup my deposit from the other tenants, even after making them sign a new lease and pay him a deposit? My legal obligation was up, and yet I'm stuck trying to get money from someone and I'm unsure of my legal rights to pursue them.
California law says a landlord has 21 days to pay back a deposit minus itemized cleaning/repair fees otherwise they may be subject to twice the amount of the security deposit in statutory damages in addition to actual damages. Would this apply to recouping from the roommate and her boyfriend?
I'm afraid of running out of time due to any statute of limitations on taking this to court, which I really do not want to have to do.
ADVICE BADLY NEEDED!
Most Popular Reply
Go to the county superior court and file in small claims for the amount you are owed. Serve both your former roommate and your former landlord. Your landlord may be in the right if the unit was under rent control, and/or your lease terms allowed for substitution or replacement tenants. I'd not bother to analyze the situation legally any further. Someone has your deposit and needs to refund it. File a case in small claims asap and wake everyone up. Serve both parties. It will cost you a filing fee, which can be waived if you are low income. You may need to use a process server. The courts have a self help division that can assist. Your former landlord will likely contact your former roommate asap after being served. Everyone will want a resolution and someone will send you a check.