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Security deposit II
My 1 yr lease with 2 other roommates has ended in November. The 2 other roommates decided to stay on premesis and I moved out. Landlord won't release my security deposit because apt is not vacated.
Landlord said to get my deposit from the roommates and I have a right to take them to small claims. Is this correct? What are my options in this situation? |
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Was a new lease signed with just your 2 other roommates on it? I think the landlord may be wrong here if a new lease was executed. But without knowing where you are (ANY question on law needs to include your general local as laws vary by area), I can't check the law. In any case, you will have to sue someone, unless the threat of a suit gets action. |
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Hello j: Assuming you gave proper notice, an extension the old lease isn't valid. A new one listing the only tenants as the two remaining roommates SHOULD have been signed, releasing your deposit. I would write your landlord a certified letter stating the above and demand your deposit back, or you'll seek your remedies in small claims court. excon |
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I spoke with land lord and was told there was no lease between other roommates and if I wanted ny deposit they need to move out or pursue the roommates in small claims.
Landlord said her boss told her that she cannot refund my deposit because of premises not being vacate. So if lease is over I am entitled to pursue the landlord in small cclaims for my portion? |
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LL is wrong but apparently stubborn too. I am assuming and hoping you did give him YOUR 30 day notice, did you. If you did not give notice the lease may have a auto renewal aspect and then you'd be on the hook. If he will not give you your deposit you can sue him for treble damages, this may help him rethink his poisition. What state are you in? |
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Well this situation gets tricky I was sued by roommates for leaving early from apt. I notified LL then I was leaving. Judge found roommates guilty for not mitigating damages and said I am not liable for the rest of the lease.
This was 3 months ago . LL knows of this I live in California I have copy of lease and nothing on it says anything repeating the lease for upcoming months. |
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LL keeps telling me although leas she cannot give me my part of the deposit beucz roommate r still in apartment.
She insist that I must ask roommates to pay me my part of deposit. I've spoken to n attorney in the area n found. LL owes me deposit . I am taking to small claims . Do I take LL or her company ? |
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