AWMSgirl21
Junior Member
What is the name of your state (only U.S. law)? California
In April 2009, I needed to start looking for housing for the following school year. My friend Rosie was currently a tenant in a 2 bedroom apartment with another girl Luci. Rosie wanted to renew the lease for the 2009-2010 year (starting June 1, 2009) with me. When it came time to fill out the paperwork in April, Luci put her own name on the lease instead of mine, with the intent I would fill out additional paperwork to sublease the apartment from her. The deposit for the apartment was due with the paperwork, and Rosie offered to front the money (one month's rent, equivalent to $725) and I would pay it back. (this is not in writing)
In mid-May, Rosie tells me that she might be moving to New York in January. I told her that I would not be signing any paperwork to be responsible for the apartment if she might be leaving. I still planned to move in, I would just keep Luci's name on the apartment and not officially sublease. (This is in writing). Around this time Luci tells me that the move in date is actually July 1, and she has no intent to move out until then (in writing). Rosie also asked for $200 of the deposit, which was paid in cash. I offered to set up a payment schedule for the rest of the deposit, but Rosie never followed up or agreed to any dates (all in writing). I also moved in a couch to the apartment under the agreement of both Luci and Rosie that it would stay there until I could move into the apartment (in writing).
On June 14th, I told Rosie that I would no longer be able to move into the apartment due to financial problems. Her response was that she was not mad, and she just wanted help finding a replacement (in writing). I then put two ads on Craigslist.com, one ad on Facebook.com, I emailed every girl in my sorority, and I created a group on Facebook that Rosie could also invite her friends to and spread the news. I presented Rosie with the names and contact information for 3 girls and 2 guys who were interested in moving in July 1st (in writing). Rosie never specified to me if she has a gender preference for a roommate.
On June 24th, I got a message from Rosie asking me to look harder for a roommate, because she "didnt have time to deal with it" (in writing). I didnt hear from her again until June 30th, when she notified me that she did not have a replacement and expected me to pay the $725 in rent (in writing). I told her that I did not have the money to pay her, and since I didnt sign any paperwork, it was not my responsibility to pay the rent. If she had an issue she needed to take it up with her legal roommate Luci. At this point I asked her when I could pick up my couch, and she told me I would not get my couch until I paid her the rent. (all in writing).
At this point I started contacting the police and apartment manager. The manager said she will not help me, even though I have pictures of my couch and a bill of sale. The police said that there isnt much they can do if Rosie wont let us into the apartment. Most likely I will have to go to small claims court.
I notified Rosie of this on July 6th, to which she responded that I would not get my couch unless I paid her half the rent, or $350. I told her that I did not want the $200 deposit money I had already given her, just the couch. If she did not give me the couch in the same condition I left it in, then I will take her to small claims court and I will also try to recoup the $200 deposit.
What are my chances in court? Is there a possibility the judge would make me pay the rest of the deposit? Are there any more options besides court?
Thank you for your time
In April 2009, I needed to start looking for housing for the following school year. My friend Rosie was currently a tenant in a 2 bedroom apartment with another girl Luci. Rosie wanted to renew the lease for the 2009-2010 year (starting June 1, 2009) with me. When it came time to fill out the paperwork in April, Luci put her own name on the lease instead of mine, with the intent I would fill out additional paperwork to sublease the apartment from her. The deposit for the apartment was due with the paperwork, and Rosie offered to front the money (one month's rent, equivalent to $725) and I would pay it back. (this is not in writing)
In mid-May, Rosie tells me that she might be moving to New York in January. I told her that I would not be signing any paperwork to be responsible for the apartment if she might be leaving. I still planned to move in, I would just keep Luci's name on the apartment and not officially sublease. (This is in writing). Around this time Luci tells me that the move in date is actually July 1, and she has no intent to move out until then (in writing). Rosie also asked for $200 of the deposit, which was paid in cash. I offered to set up a payment schedule for the rest of the deposit, but Rosie never followed up or agreed to any dates (all in writing). I also moved in a couch to the apartment under the agreement of both Luci and Rosie that it would stay there until I could move into the apartment (in writing).
On June 14th, I told Rosie that I would no longer be able to move into the apartment due to financial problems. Her response was that she was not mad, and she just wanted help finding a replacement (in writing). I then put two ads on Craigslist.com, one ad on Facebook.com, I emailed every girl in my sorority, and I created a group on Facebook that Rosie could also invite her friends to and spread the news. I presented Rosie with the names and contact information for 3 girls and 2 guys who were interested in moving in July 1st (in writing). Rosie never specified to me if she has a gender preference for a roommate.
On June 24th, I got a message from Rosie asking me to look harder for a roommate, because she "didnt have time to deal with it" (in writing). I didnt hear from her again until June 30th, when she notified me that she did not have a replacement and expected me to pay the $725 in rent (in writing). I told her that I did not have the money to pay her, and since I didnt sign any paperwork, it was not my responsibility to pay the rent. If she had an issue she needed to take it up with her legal roommate Luci. At this point I asked her when I could pick up my couch, and she told me I would not get my couch until I paid her the rent. (all in writing).
At this point I started contacting the police and apartment manager. The manager said she will not help me, even though I have pictures of my couch and a bill of sale. The police said that there isnt much they can do if Rosie wont let us into the apartment. Most likely I will have to go to small claims court.
I notified Rosie of this on July 6th, to which she responded that I would not get my couch unless I paid her half the rent, or $350. I told her that I did not want the $200 deposit money I had already given her, just the couch. If she did not give me the couch in the same condition I left it in, then I will take her to small claims court and I will also try to recoup the $200 deposit.
What are my chances in court? Is there a possibility the judge would make me pay the rest of the deposit? Are there any more options besides court?
Thank you for your time