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-   -   Getting deposit back from ex-roommate (https://www.askmehelpdesk.com/showthread.php?t=188483)

  • Feb 26, 2008, 10:12 AM
    Recurve
    Getting deposit back from ex-roommate
    Good morning. I moved out of my apartment which I shared with a roommate because he became verbally abusive. Renter/Tenants union helped me write a letter saying he broke the right to a peaceful enjoyment. It has been a month since I moved out and I want my part of the security deposit back (he has found a new replacement). Do I have the right to get my money back since I was forced to move out because I was scared? How do I go about getting it?
  • Feb 26, 2008, 11:14 AM
    this8384
    You'll have to somehow prove that you would have been in danger had you stayed in the apartment. Odds are that you're not going to see the money again.
  • Feb 26, 2008, 11:24 AM
    Recurve
    Prove... I had to live with my sister for a month because I felt that I was endanger. I also had two police officers come while I was moving out.
  • Feb 26, 2008, 11:27 AM
    ScottGem
    First question, did you have a lease? If so, who was the lease with, the roommate or the landlord for the apartment? Did you move with the permission of the landlord?
  • Feb 26, 2008, 04:28 PM
    this8384
    Quote:

    Originally Posted by Recurve
    prove...I had to live with my sister for a month because I felt that I was endanger. I also had two police officers come while I was moving out.

    This is circumstantial. If you try to use this as an example in court, your ex-roomie is just going to say you felt like staying at your sister's instead of coming home. It's a bunch of crap, but that's how "he said, she said" goes in court. Unless you have evidence(such as calling the police because you were being threatened, proof that the police needed to be there when you moved out, etc.), it's all going to be hearsay. There's no physical evidence that your roommate was abusive, thereby causing a necessary vacation of the property on your part.

    P.S. Scott had some good questions. Another one: do you have a receipt showing that you did indeed pay for half of the security deposit? Also, maybe your previous landlord would be willing to testify on your behalf that moving was a necessity..

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