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landlord refusing to refund security deposit

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valerie s

Guest
My huband and I just recently moved out of our rental home. Our landlord did a walk through inspection after the property was vacated to ensure that the house was in the same condition that he left it. He stated that the house looked great and that we would be refunded of our security deposit minus the total due for our water bill. The problem is, we had a roomate that moved out in March. Our lease ran until September 30. She left without paying the last months rent, gave no prior notice that she was leaving, and also failed to pay her share of our water bill. Her name was on the lease,so she was responsible for a third of the rent and the bills. My husband and I paid her share of the rent and the bills that she neglected to pay. The landlord refused to go after her for her share. We feel that she was responsible for these payments just as we were. Our deposit was equal to one months rent. She paid $200 and we put in $400.The landlord says that he is entitled to keep her share, even though she terminated the lease by leaving early, and we had to foot all of the bills.Is this fair? Was the landlord right by not making her pay?Would it even be worth our time to go to small claims court?
 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by valerie s:
My huband and I just recently moved out of our rental home. Our landlord did a walk through inspection after the property was vacated to ensure that the house was in the same condition that he left it. He stated that the house looked great and that we would be refunded of our security deposit minus the total due for our water bill. The problem is, we had a roomate that moved out in March. Our lease ran until September 30. She left without paying the last months rent, gave no prior notice that she was leaving, and also failed to pay her share of our water bill. Her name was on the lease,so she was responsible for a third of the rent and the bills. My husband and I paid her share of the rent and the bills that she neglected to pay. The landlord refused to go after her for her share. We feel that she was responsible for these payments just as we were. Our deposit was equal to one months rent. She paid $200 and we put in $400.The landlord says that he is entitled to keep her share, even though she terminated the lease by leaving early, and we had to foot all of the bills.Is this fair? Was the landlord right by not making her pay?Would it even be worth our time to go to small claims court? <HR></BLOCKQUOTE>

L can go after you for everything and you would lose in small claims court. You can go after your roommate in small claims court.
 
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valerie s

Guest
I do not understand...Why would he go after us? We paid her rent when she left,she was responsible for1/3 of rent and bill. Her name was on the lease. On what grounds would we lose in court? And you think that taking her to court would be more beneficial? (If we can find her)There must be something that I am missing here..
 

HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by valerie s:
I do not understand...Why would he go after us?
***HomeGuru: because he can and you are there. If you can not find her do you think L is going to waste time tracking hr down when he can easly get a hold of you? Read your lease agreement as there should be a jointly and severally clause. What this means is that ALL tenants are legally responsible jointly and indivdually. If one does not pay the others are responsible.

We paid her rent when she left,she was responsible for1/3 of rent and bill. Her name was on the lease. On what grounds would we lose in court? And you think that taking her to court would be more beneficial? (If we can find her)There must be something that I am missing here..
<HR></BLOCKQUOTE>

 

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