Legal Question in Landlord & Tenant Law in California

There was an apartment that two of my friends (lets call them A and B) were sharing. B decide to move out, so I moved into the apartment and gave B my deposit. I never fill out application upon my moving in, never on lease. A and B were on lease. The landlord never knew I was living there.A and I first had an agreement to move out of this apartment in august ( to terminate) but I told her on the phone I wanted to move out in July due to my financial situation. A agreed with me moving out in July. I was out of town over the summer. On the day of my moving out, I picked up all the stuff and gave A my keys. I was expecting to get my deposit from the security deposit check that landlord would give to A after we emptied the apartment. A moved out of the apartment 2 days after I moved out. She got deposit check from landlord, but she did not get the full deposit back since she did not give him 30 day notice, so the landlord took most of the deposit for her not giving 30 day notice. she told me she only got 1/3 of deposit by check.
I think giving 30 day notice to landlord was A's responsibility and since she failed to do so, I think she should give me my portion of deposit back from her pocket. If she gave him 30 day notice as she was supposed to, she would have got the full deposit and we both could get our full deposit back. and upon my moving in, I gave B my deposit understanding I would get my deposit back from landlord or A when we empty the apartment and get the check from landlord.
A has not returned me my deposit yet. I guess she does not think she has to do so.
Does she have refuse to pay me back the full amount of my deposit?

Asked on 10/19/10, 8:02 pm

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0 attorneys agreed

You can take A to small claims over this. It sounds like you might win.

Answered on 10/25/10, 4:12 pm

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