Small claims over unpaid security deposit (rental)

[Guitarmonster]

What is the name of your state (only U.S. law)? NJ

Ok, over a year ago I had a roommate who decided to move out, I am still friends with this person to this day. My new roommate moved in immediately, me, the old roommate, and my new roommate are all friends. When my new roommate moved in he only had the rent, and didn't have his half of the security deposit, which amounts to $450. I sat down with both the old roommate and the new roommate, as well as a third party witness and we all agreed that my new roommate would make payments to the old roommate to pay off his half of the security deposit. It has been over a year and he has only given him $100. I have kept myself in constant contact with the old roommate, constantly asking him if he got any more payments and every time he says no. I've repeatedly gone to my current roommate hounding him about it, and all I get is excuses. Finally I sat down with him and told him that he has to pay him off or we would be parting ways. After a month still no payments. This new roommate of mine is overly passive aggressive, so he always gives you the impression that everything is taken care of, when in fact it's not. I have come to a point where I feel that some legal action should be taken to resolve the matter. I am thinking of actually calling my old roommate and recommending to him that he sue for the money. The only thing i'm not sure of is does he sue me, since technically it was my place to return the money to him, or does he sue my roommate, who made the agreement. I know it sounds funny, but I would not have a problem with my old roommate sueing me, I would actually encourage him to do so, and going to court I would make sure he wins against me. Then when he wins against me, that's when I go into a screaming fit with my roommate and tell him "as of right now, all of your rent payments have been applied to your security deposit first, then rent. Therefore you are currently $350 past due on your rent"

So basically my question is, who does my old roommate go after in court?

 

[BL]

What is the name of your state (only U.S. law)? NJ

Ok, over a year ago I had a roommate who decided to move out, I am still friends with this person to this day. My new roommate moved in immediately, me, the old roommate, and my new roommate are all friends. When my new roommate moved in he only had the rent, and didn't have his half of the security deposit, which amounts to $450. I sat down with both the old roommate and the new roommate, as well as a third party witness and we all agreed that my new roommate would make payments to the old roommate to pay off his half of the security deposit. It has been over a year and he has only given him $100. I have kept myself in constant contact with the old roommate, constantly asking him if he got any more payments and every time he says no. I've repeatedly gone to my current roommate hounding him about it, and all I get is excuses. Finally I sat down with him and told him that he has to pay him off or we would be parting ways. After a month still no payments. This new roommate of mine is overly passive aggressive, so he always gives you the impression that everything is taken care of, when in fact it's not. I have come to a point where I feel that some legal action should be taken to resolve the matter. I am thinking of actually calling my old roommate and recommending to him that he sue for the money. The only thing i'm not sure of is does he sue me, since technically it was my place to return the money to him, or does he sue my roommate, who made the agreement. I know it sounds funny, but I would not have a problem with my old roommate sueing me, I would actually encourage him to do so, and going to court I would make sure he wins against me. Then when he wins against me, that's when I go into a screaming fit with my roommate and tell him "as of right now, all of your rent payments have been applied to your security deposit first, then rent. Therefore you are currently $350 past due on your rent"

So basically my question is, who does my old roommate go after in court?

You've got to be kidding .

You can't apply rent toward SD , then say a tenant owes rent .

You got yourself into the mess by not following laws , and making off the wall agreements .

BTW , was this a written agreement between the old tenant and the new tenant ?

 

[Guitarmonster]

It was not a written agreement, but shouldn't be hard to prove since there were witnesses. Years ago when I got electric they charged me a security deposit, when I made a payment it all went toward it, they told me that all payments go to your security deposit first, before they apply to your bill. Anyhow it's a situation where I basically need to motivate him to pay it off. I just need to show him some action, so that he understands that it is serious.

What would a landlord do in this situation, lets say the landlord lets you pay your security deposit in installments, and you don't pay. Can you be evicted?

 

[BL]

No deductions shall be made from a security deposit of a tenant who remains in possession of the rental premises.

The agreement is between the two tenants .

You let the new tenant move in w/o sec. deposit .

 

[Guitarmonster]

When he moved in he paid me $450.00. What if I were to say that $450 went towards the security deposit, and I was allowing him to make payments to pay off his first months rent?

 

[BL]

What if you went in to court with that nonsense ?

Because that's what you would have to do to formal evict him .

Then what if the court finds your lawsuit frivolous ?

You would be a liar .

How about quit playing landlord and games .

You obviously have no clue .

 

[Guitarmonster]

Ok, how about a different angle. Does my former roommate have the right to go after me or my current roommate in court?

 

[BL]

Ok, how about a different angle. Does my former roommate have the right to go after me or my current roommate in court?

Sure , anyone can file a small claims .

The issue is proving the claim and convincing the court of money damages .

 

[Guitarmonster]

Basically, what i'm looking for is something serious to happen, to give this roommate the motivation to pay this. It's not that he doesn't pay bills, he's just one of those people that is a very slow payer. Pretty much every month for me to get his half of the utilities and such out of him, it's never easy, there's always some kind of a small dilemma, but eventually I get it. I would be willing to tell my former roommate to take me to court, since technically I feel that when my old roommate moved out, I should have been the one to "buy out" his half of the security deposit. If he took me to court I would immediately tell the judge that I admit to the claim and agree that I do in fact owe him the money. I would then go to my current roommate and basically tell him that he needs to get off his ass and pay me, since i've just been sued because of him. Does that make sense?

 

[BL]

I give up .

re-read the postings .

 

[Guitarmonster]

I did re-read the postings, but still am unclear.

If a roommate moves out, i'm assuming that it's my responsibility to give him his half of the security deposit back. Therefore, when my old roommate moved out, technically I failed to return it to him. At this point, if he were to take me to small claims court on this, and I go to court and say "your honor, I agree and admit to the stated charges", is the judge going to issue the judgement or still throw it out knowing that I agreed to the charges. That is basically my question.