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kbishop69 · Dec 22, 2008, 05:25 PM

My niece and I rented a duplex together in August of 03' and paid $975 per month rent of which we halved. My niece paid the full $1000 deposit and I inturn paid for the full pg&g, phone and cable bills until they added up to my $500 portion of the deposit. My niece agreed to do it this way and we kept track of it monthy. I continued to pay the rent with my own checking account thereafter. She would pay me her half and I would inturn pay the rent. In August of 04', she gave me less than a weeks notice that she would be moving out of the duplex. She did not pay me any rent for the month of August or did not pay for the past electric, phone and cable bills that were owed. I told her that I would be taking the amounts owed out of her porition of the deposit. She was not happy about it but did not pursue it. She in fact owed me more than the $500 portion of her security deposit. I then lived there with my two children for the next 4 years and never heard from her once. I recently moved out this month, December 08' and my landlord has just informed me that my past roommate is asking them to write her the full security deposit. THIS IS UNBELIEVABLE! I have paid the rent every month since I have lived there, 5+ years. She has never once wrote out the rent check, she would pay me and I would inturn pay the rent. She abandoned the duplex and left me there alone with not even a weeks notice. She is not entitled to any of the security deposit.. The landlord is very nice and is going to get some more information before he decides what he is going to do. Does anyone have any advice for me?

JudyKayTee · Dec 22, 2008, 05:48 PM

Originally Posted by kbishop69

My neice and I rented a duplex together in August of 03' and paid $975 per month rent of which we halved. My neice paid the full $1000 deposit and I inturn paid for the full pg&g, phone and cable bills until they added up to my $500 portion of the deposit. My neice agreed to do it this way and we kept track of it monthy. I continued to pay the rent with my own checking account thereafter. She would pay me her half and I would inturn pay the rent. In August of 04', she gave me less than a weeks notice that she would be moving out of the duplex. She did not pay me any rent for the month of August or did not pay for the past electic, phone and cable bills that were owed. I told her that I would be taking the amounts owed out of her porition of the deposit. She was not happy about it but did not pursue it. She infact owed me more than the $500 portion of her security deposit. I then lived there with my two children for the next 4 years and never heard from her once. I recently moved out this month, December 08' and my landlord has just informed me that my past roomate is asking them to write her the full security deposit. THIS IS UNBELIEVABLE! I have paid the rent every month since I have lived there, 5+ years. She has never once wrote out the rent check, she would pay me and I would inturn pay the rent. She abandoned the duplex and left me there alone with not even a weeks notice. She is not entitled to any of the security deposit.. The landlord is very nice and is going to get some more information before he decides what he is going to do. Does anyone have any advice for me?

Legally if it was a joint deposit and your niece did not sign off on the deposit when she vacated, you each are owed half. On the other side of this if there had been damages she would have been legally responsible for half up to the time you vacated.

The landlord can either write a joint check to both of you OR give you each half.

You can always go to Small Claims and request the return of the entire deposit and then the Court will decide.

The landlord has to follow the terms of the lease. Sorting out the details of any other agreement between the two of you will only get the landlord in legal trouble.

If I am misreading the circumstances, please let me know.