I moved in to my current apartment about 3 months ago. Upon interviewing with my current roommate that is a girl, she told me that she has a boyfriend but didn't tell me that he actually lives in the apartment. A few weeks into living at the apartment I realized that he actually lives there. I began to get annoyed because I signed up to live with only one other person. When she's not there I expect him not to be there either. I want to move out, I got a short notice (only 8 days), I know you have to give 30 day notice to not forfeit the security deposit. I was ticked off and was offered to move with my buddy at another location. Can I claim fraud and/or misrepresentation against my roommate and move out without losing the security deposit? Is the landlord responsible in this situation? Who would I go after in small claims if it came down to that?

Is your lease with the landlord or the roommate? Who has your security deposit (landlord or roommate)?

I never signed a the lease with the landlord, but it was a verbal agreement between myself and my roommate. I'm not on the lease and was never told to sign the lease, but since I'm the tenant a verbal agreement is just a binding. The landlord has my security deposit.

Hello m:

You have a rental agreement with EITHER your roommate OR your landlord... You can't have BOTH... Yes, you have an informal agreement with your roommate, but since your landlord has your deposit, your agreement is with him.

That's good for you, because he knows that the boyfriend is there and he's the one who lied to you... So, when you move, and he keeps your security deposit, sue him and tell the judge your story... You SHOULD win... But, of course, people LIE sometimes, and without anything in writing, they can get away with it.

excon