I live in Connecticut my roommate has decided to move out we have a month to month agreement and they want back their security deposit ASAP the agreement is for the the rent to be paid on the 1st of each month they told me on the 22nd of the month I do not know what inside of their room looks like so I have no idea what needs to be fixed we agreed to walk through it but afterwards I still have to walk through it with my landlord because that’s who has the money they have not given me any written notice to give my landlord and he is asking for it I have also related that to them We also agreed on splitting utilities but they have only been here a month and my gas bill has not been mailed as yet they are threatening to take me to small claims court should I just let them because all of this has now become frustrating
Did you really mean to ask if you should "
let'' your roommate take you to small claims court? Wouldn't it be a big naive to think that your roommate would need your permission?
But take you to court over what? What is this "either or else" threatening business? That you either refund "their" security deposit "ASAP" or else the roommate will sue you for it? If so, and you are taking the thread seriously (which seems to be the case) why would you think it was your responsibility? You write that the "
landlord holds the money". So isn't it obvious that any claim the roommate may have for a refund rests with the landlord and not you?
Also, as has already been correctly mentioned here, the landlord is under no obligation to account for any security deposit until a given period of time after all the tenants have vacated and surrendered the premises.
Anyway, all I can offer is that you are under no obligation to the roommate for any security deposit and should ignore any such demands. Also it is extremely unlikely that he or she would carry out the threat. A judge would throw it out "
faster than a cheetah leaves a salad bar". *
As far as the "
walk through" the roommate's room - even though it would be premature from the standpoint of releasing any security deposit - if the landlord is agreeable it might be well to do so and be able to document what if any repairs or other expenditures are needed and were not your doing.
Lastly, I have a fear that you may be thinking of advancing the roommate's share or contribution to the security deposit. If so, do not do it!
[SUP][*] My apologies to Scott Adams' cheetah.[/SUP]