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Roommates suck

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dancersrock77

Junior Member
California


Okay, I was renting month to month utilities included from somebody i met on craigslist. I have a signed contract from him stateing month to month utilites included.
I gave him an 18 day notice that I was moving out. The day I moved out he decided he wasn't going to pay me back my $500 deposit, and that he had 21 days to do so. That is true, so I had him write out another statement that he would in fact pay me back my deposit within 21 days and he signed and dated it. So now I have two documents with those facts.
I also have a BUNCH of text messages for evidence.
Day 21 rolled around and I did not recieve anything.
On day 23 I recieved an email with an itemized list stating that since his origional ad on craigslist said utilities were seperated, that even though we changed the origional price and negotiated the utilitites and have proof that he signed that lease agreement, that because his original ad said utilities were seperate that now I owe him for those utilites. He also states I owe him $50 for carpet cleaning... from what I have read you can't charge for normal wear and tear and I have pictures proving the carpet was just fine when I left. All in all he says he only owes me $11.08.
First of all when I moved out I requested RECIEPTS of any services or products used to fix or clean anything. He did not give me any proof of reciept just a simple list of things he made up to charge me.
So not only is he trying to say he only owes me $11 but he didnt do it within the 21 days, and he didnt send me a check he just simply sent me an email. I believe he owes me the full amount back plus twice that plus court fees and anything else I can get because he is simply being a bully and this is causing me so much stress its unbelievable. I am 20 and he is 34, why can't he just act like an adult and do what is right? It's not fair.

What do I do next? Do I have to send him anything? or just file the cliam? what is the next step? I need help.What is the name of your state (only U.S. law)?
 


Who's Liable?

Senior Member
California


Okay, I was renting month to month utilities included from somebody i met on craigslist. I have a signed contract from him stateing month to month utilites included.
I gave him an 18 day notice that I was moving out. The day I moved out he decided he wasn't going to pay me back my $500 deposit, and that he had 21 days to do so. That is true, so I had him write out another statement that he would in fact pay me back my deposit within 21 days and he signed and dated it. So now I have two documents with those facts.
I also have a BUNCH of text messages for evidence.
Day 21 rolled around and I did not recieve anything.
On day 23 I recieved an email with an itemized list stating that since his origional ad on craigslist said utilities were seperated, that even though we changed the origional price and negotiated the utilitites and have proof that he signed that lease agreement, that because his original ad said utilities were seperate that now I owe him for those utilites. He also states I owe him $50 for carpet cleaning... from what I have read you can't charge for normal wear and tear and I have pictures proving the carpet was just fine when I left. All in all he says he only owes me $11.08.
First of all when I moved out I requested RECIEPTS of any services or products used to fix or clean anything. He did not give me any proof of reciept just a simple list of things he made up to charge me.
So not only is he trying to say he only owes me $11 but he didnt do it within the 21 days, and he didnt send me a check he just simply sent me an email. I believe he owes me the full amount back plus twice that plus court fees and anything else I can get because he is simply being a bully and this is causing me so much stress its unbelievable. I am 20 and he is 34, why can't he just act like an adult and do what is right? It's not fair.

What do I do next? Do I have to send him anything? or just file the cliam? what is the next step? I need help.What is the name of your state (only U.S. law)?
Depending on yours states LL/T laws regarding notice, you may not have given him ample notice to vacate. However since he let you move out without raising the question of proper notice to vacate, you may have lucked out. Only a judge can decide on that matter now.

If you have all the evidence to support your position, send him a demand for the SD, and inform him he has violated his agreement and you expect the full amount returned within 5 business days. Remind him of your states LL/ T laws regarding the amount you can sue for. Some states allow up to 3X the SD.
 

dancersrock77

Junior Member
He is right, he can in fact charge me for the 11 days that I didn't give him notice out of the 30 that I legally should have. So technically he could take that, but ALL other charges he is saying I owe are false and I have HARD EVIDENCE PROOF in mulitple forms. but here's my question... I already gave him 21 days to give me money, not only did he not inform me that he thinks he only owes me $11 AFTER the 21 days, he also hasn't even sent me the $11**************..... So why would I ask for the security deposit? he obviously isnt going to give it to me**************....
 

Who's Liable?

Senior Member
He is right, he can in fact charge me for the 11 days that I didn't give him notice out of the 30 that I legally should have. So technically he could take that, but ALL other charges he is saying I owe are false and I have HARD EVIDENCE PROOF in mulitple forms. but here's my question... I already gave him 21 days to give me money, not only did he not inform me that he thinks he only owes me $11 AFTER the 21 days, he also hasn't even sent me the $11**************..... So why would I ask for the security deposit? he obviously isnt going to give it to me**************....
All the information you need is in my original post. What you choose to do with that is your decision.
 

dancersrock77

Junior Member
this is what somebody else just said to me on another site



"If it were me... I would also be filing a claim against him for triple damages...under 'unfair business practices'

You have all the documentation. And.. he is now guilty of 'illegal retainer'...in that he is illegally keeping your money ..which state law gives him 21 days to settle with you. (payment back or detailed itemization and payment of remainder)."
 

Who's Liable?

Senior Member
this is what somebody else just said to me on another site



"If it were me... I would also be filing a claim against him for triple damages...under 'unfair business practices'

You have all the documentation. And.. he is now guilty of 'illegal retainer'...in that he is illegally keeping your money ..which state law gives him 21 days to settle with you. (payment back or detailed itemization and payment of remainder)."
Poster needs to keep his day job.

I'll spell it out for you. Your state LL/T law allow YOU, the tenant, to SUE for 2X the SD amount if the LL FAILS to return the SD within the allotted time as outlined in your states LL/T laws REGARDLESS of damages. Some states allow 3X the amount, again, you will need to verify with your states LL/T laws to determine the amount ESPECIALLY since CA is an odd state regarding tenants.

Get it?
 

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