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last month's rent and deposit

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DaniSW

Guest
CA....
I rented an apartment with another girl, but she signed the lease. I was never on it. Landlord would not accept a cheque from me for last month's rent(650) and deposit(250). I had to write it to roommate, and then she wrote a cheque for total. The lease was for a year until 8-31-01. I gave her 30 days verbal notice 4-10-01 after I had paid for all of april. I moved out 4-25-01, because there was an offer I couldn't refuse. Upon moving out, she asked me for a cheque($106) for misc. I paid. Because I owed it, but I also asked for my $900, and when she thought I would get that? She didn't think we paid last month's rent. I got out lease, she saw that we did, and asked me "if I could be flexible and patient" for the money, and wait until she got it from the new person. I agreed that I could. I asked her several times if the apt was rented. It was not, and she complained that she couldn't find someone...there were lots of offers. She was being picky (and rightly so..) She has since then broken her lease with the landlord, and moved. He let her out of the lease, and she used the last month's rent that WE paid, for her. She has said it was my responsibility to find someone to rent with her, is not going to give my last month's back and "it's to her discretion of what I get back" from the security deposit. She had to get carpets cleaned($125). I have agreed to pay her half of carpets($62.50), 10 days rent into May(216.70) and phone($13). She owes me rent and deposit($900), cable and PG&E ($34). I want the difference. It appears she won't give me anything back. What are my rights, and can I sue, and for what exactly? I wrote her an itemized (very nice) letter explaining that she owed this, and I was giving her until 6-10-01. Well beyond the 21-30 after I left.
Thanx so much for any and all help. I need to know if I have a case for small claims court. I apologize for lengthliness, but there's lots of details.
Danielle Weber
 


Cvillecpm

Senior Member
Short but sweet!!!

Without anything in writing, including notice to her, you area SOL. You can't even prove you occupied the property because you were not on the lease. Next time, put everything in writing.
 
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dj1

Guest
YOU hand people $900 without getting a reciept?

You must have more money then brains!
 
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DaniSW

Guest
I appreciate your taking the time to reply to my message.
I obviously have my cheque that I wrote in the first place with "Rent" as the reason for it. I can obviously prove that I gave her the money. The landlord obviously knows that I lived there, I signed the paperword for a walk through, and I did give him some cheques for rent. So, why don't you dust off the law books and give me some real advice, rather than some half-cocked answers (dj1). Your answer has made me think that perhaps you are practicing some sort of pseudo-law, or you just play a lawyer on t.v. On this screen, it asks us "to be considerate, respectful and polite", because "there is another human being on the other side of that computer screen". Perhaps you should practice what you preach. People are coming to you for advice, and the best you can come up with is "you must have more money than brains?"
Some real advice please...there's got to be more to it than that!
~D
 
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dj1

Guest
Well then you have to sue them in small claims court ...show the judge your reciepts and the judge will decide.

its cheap only $35 to file here in NYC.
 

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