am I obligated to return security deposit to my ex roommate?

[roxxchick]

This issue has happened in the state of California.

I had a roommate who was not on lease.She gave me 30 day notice verbally to move out in July breaking our first agreement to move out in August.I tried to look for a roommate to move in for august but didn't find any.I ended up failing to give LL 30 day notice and got 1/3 of the security deposit back. my last roommate paid her deposit $700 to my ex roommate when she was leaving.So there was understanding that my last roommate will get her deposit back from the check I got from LL.I felt bad for my failure to give LL 30 day notice.so I once texted her I will be paying her $700 (she still has the text) but one lawyer i talked to said she cant get her deposit back without giving me proper written 30 day notice. so I emailed to her i won't pay. am I obligated to pay her deposit in this case?

The fact is I once texted her I will be paying her back the deposit because I felt bad for her not getting her deposit back but later I was wondering if i really have an obligation to pay her back so I talked to an online lawyer. He told me I am NOT obligated to pay her.
However i felt bad for her not getting money back, so I gave her my proposal to pay her $350 out of the goodness of my heart by emails. I sent her the half of $350 but I did not like her attitude so I told her in emails that i will not send the other half of the money.
she now thinks I can not waive to pay by my own decision and it will be a fraud for me not to pay after I said to pay in emails.

but I am wondering if My promise through text message could constitute the agreement of paying her back the $700.
In other words, am I obligated to pay her legally after I agreed with her moving out upon her verbal 30 day notice and the fact I texted her to tell her I will be paying?
Does this mean lawfully I agreed with her moving out and admitted my responsibility to pay her full deposit back by me telling her I will pay the amount in text message and confirming her verbal 30 day notice?

Would it be a fraud for me to refuse to pay any money to her after I promised in text message and emails?

 

[Who's Liable?]

You may be SOL since you sent her a text message stating you would return the $700. Text messages can and are upheld in a court of law.

HOWEVER, you can send her a letter CRR, stating you are withholding X amount due to her failure to provide proper notice to vacate, cleaning fees, etc.. This may or may not be allowed by the judge if she takes you to court.

 

[applecruncher]

The fact is I once texted her I will be paying her back the deposit because I felt bad for her not getting her deposit back but later I was wondering if i really have an obligation to pay her back so I talked to an online lawyer. He told me I am NOT obligated to pay her. However i felt bad for her not getting money back, so I gave her my proposal to pay her $350 out of the goodness of my heart by emails. I sent her the half of $350 but I did not like her attitude so I told her in emails that i will not send the other half of the money. she now thinks I can not waive to pay by my own decision and it will be a fraud for me not to pay after I said to pay in emails.

Since you feel so bad, and since you have so much goodness in your heart, AND especially since you told her in a text message that you would pay her the $700, then pay her the $700.

If I were her, I would hold you to it, I wouldn’t feel bad about it, and I wouldn’t put up with your backpedaling.

but I am wondering if My promise through text message could constitute the agreement of paying her back the $700.

Yes.