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URGENT- Issue w/ex-roommate & deposit

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M

mermer11

Guest
California- I live with 3 people but only 2 people signed a lease. Therefore the 3rd was on a month-to-month. The month-to-month girl paid her security deposit to the roommate before her (who had paid the landlord, got out of the lease, and is now out of state). The month-to-month girl moved out but we stayed so therefore we have not received our deposit back from the landlord yet. The month-to-month girl who moved out wants her deposit back of course, and is threatening to take legal action. I said I will give her half now (because it is out of my pocket and we don't know what we will get back in the end)and the rest when we get our deposit back at the end of the lease. She wrote a letter about Cal.Civil Code Sec. 1950.5 which refers to the landlord, but the landlord has not been involved in this matter. I don't completely understand this code. Am I, the leasee, acting as "landlord" here? What are her rights for receiving her deposit back? Do i have to give her all her money even if I don't think we will get all of our deposit back in the end? Please offer any advice! She has given me 5 days before she takes legal action. THANK YOU! :)
 


D

djdj

Guest
anyway you cut it you are the landlord too....

Here's how it works.the landlord holds the usual one months security.

If you collect the security in cash or by roomates paying each other well thats your choice, did she give you enough time like 30 day notice to vacate so you can find another roomate?

IF NOT then you can use her "security" to pay for her share of the rent for the last month.

NOW if YOU decided that YOU did not want a 3rd roomate then you would have to reimburse her for her share of the security deposit minus any outstanding bills..such as her share of the electric, phone cable, unless that was all included in the rent.

so the final answer is only the 2 names on the lease are entitled to the security deposit..from the landlord of the property.
 

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