[jonathan8]

I was one a lease with 2 other Co-tenants in California. The lease ended in November 2010, I took all necessary steps and let my landlord know I will not continue living there after lease is over. My former roommates still occupy the apartment and my landlord refuses to give me my part of the security deposit back. Can she do this? What do I have to do to get my money, landlord says not until apartment is vacated.

[Fr_Chuck]

Were you on a separate lease, did you have your deposit listed separate, not just a share of a total.

What notice did you give to move out?

When you paid the deposit, was the receipts given individual, or one total. Your room mates may be the ones to pay you, since they are taking over your deposit,

Are they going to add a new room mate ?

[jonathan8]

We were on one lease and one deposit that listed all our names paying the total amount. My notice to end the lease was sufficient, I gave in writing months prior to end. We were giving 1 receipt and 3 separate copies of that deposit that was made.

Roommates and My relationship ended so communication is limited and brief. I am unsure of them adding a new roommate.

I am currently taking landlord to court to see if I can get a court order for payment.

If this fails do I have to pursue roommates?

[Fr_Chuck]

I am not sure it is not them that owes you the deposit to start with, they are remaining, the landlord demands a total of $$$$ dollars, so if he gives you part back, they have to pay it back, but they have a receipt showing.

Your issue will be showing that you give part of it, what type of receipt do you have to show that you paid any part of it,

[joypulv]

Who wrote the check for the deposit? That roommate is the one who is owed a refund and who owes you your share. The landlord doesn't know who paid how much, despite names listed. But you may get a sympathetic judge for 2 reasons: one is that you have a receipt showing that the deposit was for all 3 roommates, and the other is that she admitted that she didn't return it to anyone when a new lease was required.

I haven't found this in the CA code. I just think this is what will happen based on experience as both a renter and landlord.

[jonathan8]

I have the entire lease with all 3 signers and a separate paper for security deposit stating total amount paid signed by all 3 roommates in cash.

Hopefully I do get that judge, I am just sick and tired of this and want it over with.

[ScottGem]

I do think the landlord is using a loophole in the law. I don't think that anything in CA law specifically addresses this issue. So I see it going one of two ways.

1) The judge agrees that, since the lease remains in effect, the landlord is not responsible for returning the deposit. This means you have to sue the roommates for the return of your share
2) The judge agrees with you, that you are entitled to a pro-rated share of the deposit and orders the landlord to return it.

[AK lawyer]

... I see it going one of two ways.

1) The judge agrees that, since the lease remains in effect, the landlord is not responsible for returning the deposit. This means you have to sue the roommates for the return of your share
2) The judge agrees with you, ...

I have to say I go for option no. 1. Except the lease isn't in effect: OP says it ended. So the remaining room-mates either continue as tenants at will or they sign a new lease. In either case, the former lease, as well as the deposit conditions, were with all three. The LL has a right to keep the deposit until either:

• The premises is surrendered in good condition; or
• The deposit is replaced with a new one from the remaining tenants.

OP is going to have to seek the deposit from the other room-mates.