[JPWolfie]

I signed a 6-month lease on January 1, 2006. The person I was rooming with had lived in the house already for a year. He had the only copy of the lease. When I paid rent, I gave him cash (I did not get receipts because he was a friend) and bills were the same way. After the lease was to be up on June 30, we were going to be going to a month-to-month lease format.

On June 23, I sent my roommate an e-mail saying I was moving out, and would be out by August 1st (he was out of town). I told him to take the $250 Security Deposit I had paid as my July rent so he would not need to find a roommate for another month. I owed $65 from May's bills and $160 from June and told him I would pay him on the 14th and 28th of July so that on August 1st, we would be squared away.

I did not hear a response from him. On July 10th, I went to the house to gather some of my belongings and the deadbolt had been changed. I e-mailed him and called him about it, but did not get a response until July 13th, saying he gave me a week and a half to move out (he did not respond or let me know this) and he said he had the deadbolts changed, was going to keep hold of my stuff and lock it and even pack it up himself and would not give me my belongings until I gave him the $218 I owed him.

Is this legal? Can he do this? Do I need to go to the police about this? Help me out, he has my entire life worth of belongings in his possession and is holding it hostage.

[scri8e]

There are a couple of things that are not right here. First of all. No it is not legal to hold a persons possessions hostage. It's very illegal.

Who did you sign a 6 month lease with? The owner of the dwelling? Or your roommate? If it was the owner of the building every person that signs a lease is given a copy of the lease. Period no exceptions.

All the verbal stuff will only get you in trouble. I'm sure you understand this at this point. You should have given the LANDLORD a 30 day notice to vacate. Not the roommate. And Not a verbal anything to anyone. I would have given the landlord and the roommate a 30 day notice to vacate.

The police will tell you and your roommate that
The landlord or the roommate if you are allowed to sublease which I doubt but? Any way you are to be given a document called a 30 day notice to terminate tenancy. The cops will tell you that you must be given this document. You have 30 days to collect your things and move on. The roommate cannot change the locks on you. That is illegal. I have a feeling that the landlord doesn't know that the locks have been changed either.

There are more issues here that you need to understand.

Security deposits are not to be used as rent.
They never were and never will be designed for that purpose. The security deposit is for damage to the property. Landlords must account for every dollar that is not refunded to the tenant. Your roommate doesn't have the security deposit. The landlord does. That money will not be repaid until he moves out. Only if he leaves the place in good shape. You are walking away without taking any responsibility for the cleaning of the unit. You can't. Because one of you are still living there. You stated you still owed him money from may. This is July. Sounds like he has been footing the bills and you want to walk owing him money he will never see. I can under stand his anger. However he cannot lock you out. You should do the right thing and pay what you owe him. Make peace until you can get your things out and another place to live.

[excon]

Hello JP:

What he's doing isn't legal, but what you did, isn't either.

First things first. Your security deposit cannot be used as rent. In this case, your failure to pay July rent, caused your roommate to dig into his pocket to cover it. HE doesn't have your deposit – the landlord does. Furthermore, doing what you did leaves your roommate to cover any damages that you might have caused, all by himself, with no recourse to you.

No, he can't hold your stuff hostage. However, all he's asking for is the $218 that you actually owe him. Sounds like if you pay him, you'll get your stuff. Sounds like an easier solution than calling the cops.

Your deposit is on hold until your roommate moves out, or until they find another roommate. If you want it back, WHEN your roommate moves out, you need to make sure the place is spic and span.

excon