[SFquestions]

I'm hoping someone can help me.

My ex and I broke up a couple of years ago, and she didn't take her name off the rental agreement when she left our apartment. She also refused to take either of our cats, which meant that I had to stay in the apartment and pay the full rent, since finding an apartment that takes cats in this city is expensive! When we had moved in originally, she did not have a job and I was supporting us both - so the security deposit was also from my income (although it came out of our joint checking account).

Given these details (I paid the security deposit, and then had to pay full rent after she moved out) I was surprised when I heard from her now that I'm moving out that she wants half of the security deposit when it's refunded. She says she has "sought legal counsel" and is legally entitled to it.

I never asked her to help pay the rent after she moved out, not even for a couple of months. Also, that money was not hers to begin with. If she is legally entitled to half (which she is insisting she is) can I also take her to small claims court for part of the back rent that she owes (say, 2 months, to cover the amount of time it would have taken me to find another place with the cats) since she was still on the rental contract (and thus responsible for half the rent) the whole time?

Thank you!

[LisaB4657]

You are absolutely entitled to hold her responsible for her share of the rent for the time after she moved. Tell her you'll give her half of the security deposit after she pays you half of the rent.

[LisaB4657]

You are absolutely entitled to hold her responsible for her share of the rent for the time after she moved. Tell her you'll give her half of the security deposit after she pays you half of the rent.