Rent & Security Deposit

[ErinMarie]

My son is a junior at a California university. He & his friend shared an apartment for 7 months. My son decided to move back home to help save on the expenses. He gave his roommate 2 months notice. Everything seemed fine. The roommate asked my son to leave 2 weeks early, as the new roommate needed to move out of his old place ASAP. His friend promised to refund the money for the two weeks & return half of the security deposit ($250.00). It's been two months & we haven't seen a penny. His "friend" claims the new roommate is responsible for the two weeks & the security deposit. The new roommate has one excuse after another as to why he can't pay. We may have to go to small claims court, but who would we sue - the friend or the new roommate?

 

[Tracey]

He can sue the friend for breach of contract. The friend asked him to move out 2 weeks early & promised to refund 2 weeks rent if son did. Did son originally pay the deposit to friend or landlord? If he paid landlord, son has to wait until the lease ends & get the refund from L, or sue the new guy for it. If son paid friend, friend was son's landlord & has to return the deposit within 30 days. Son can sue friend for 2 or 3 times the deposit, plus attorney fees.


email me if you have any questions.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts & your state so I know who you are!

[This message has been edited by Tracey (edited October 12, 2000).]

 

[ErinMarie]

Tracey, Thanks for your advice. I called my son's friend & explained that he & not the new roommate was responsible for the rent/security deposit. I said our next step was small claims court. We just received the checked today.

[This message has been edited by ErinMarie (edited October 13, 2000).]