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Ex-roommate refuses to split return security deposit

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phillypharm

Junior Member
What is the name of your state? Florida

Ok, I entered into a lease from Feb 2007-March 2008. After a huge argument in September 2007, I moved out of a 2/2 apartment. I continued to pay rent, but my roommate and I agreed that I would not pay utilities since I would no longer be physically living there. After the lease ended, six weeks passed and I heard nothing of the security deposit. I sent him a message and he responded that he got $500 back after repairs. I asked him if he was given a breakdown of the charges of the claims made on our $850 deposit ($425 each) and when he received the check. He did not respond. After repeated calls and messages left, he finally called back. He claimed that he assumed that once I moved out, I didn't want the deposit money since I wasn't there (although I paid rent) and that he had spent all of this money steam cleaning the carpet and painting and cleaning. However, he never once spoke to me about any of these things he did until I contacted him about the deposit yesterday. He claims that because he spent around $300 of HIS OWN money WITHOUT consulting me, that he is going to keep the entire amount for himself.

I went to the old apartment complex and spoke to the manager there. She gave me a copy of the claim imposed on the deposit. It was roughly $25 they took out of the $850 due to the unpaid water bill. (Again, utilities were his responsibility since I did not live there). So he is refusing to give me my $425 saying that he paid all of this money on his own to get that money back. Now, when I left in September, I cleaned all my belongings out as well as cleaned the kitchen, my bathroom, my room, and the living and dinning room.

Now, if I take him to small claims court, how is my case? He can't hold me to split the costs he spent on his own to do repairs/cleaning can he? Am I entitled to my full deposit back?

Thank you for taking time.
 


Zigner

Senior Member, Non-Attorney
I have a strong case right? Am I able to recover the court fees also?
Based on what you posted, you MAY have a strong case. There is much more to it though (can you PROVE you paid any rent?)
IF you win, you will recover court costs - they will be added on (you don't sue for them)
 

Zigner

Senior Member, Non-Attorney
Yeah I have bank statements and copies of checks for each month I paid rent.

Thanks about the court costs thing.
Keep in mind that if your former roommate can PROVE that he actually had expenses related to bringing the apartment up to snuff, you may be liable for some of that.
 

phillypharm

Junior Member
He says he has receipts, but he did it all on his own without consulting me. And when I left, the apartment didn't even require any of the things he did. But either way, right now he's trying to hold me to all those costs and keep the remaining deposit, I'd much rather split the costs and get the remainder back than nothing right now.
 

phillypharm

Junior Member
Not only that, but I have a statement saying what claims were imposed on the deposit, and it only states the unpaid water bill.
 

Zigner

Senior Member, Non-Attorney
I can't tell you how it will turn out. You sound like you're in a good position to recover SOME of the money...
 

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