Legal Question in Landlord & Tenant Law in California
Deposit used for someone else's rent
I gave--name removed--$400 deposit for one room in--name removed--house. The lady with the lease then gave my deposit to the owner as her own rent. She was two months behind in her rent at the time. That first lady has since moved out and not paid back any of the $400 owed. The landlady says it's not her responsibility to honor my deposit, even though she was told way back then that it was my deposit that was used. Do I go out and find the first lady and sue her, or just live out my deposit and let the landlady go after her?
1 Answer from Attorneys
Re: Deposit used for someone else's rent
Let me make sure I understand. You gave a lady ("A")
a deposit for a room as a private lodger, not for the whole house. But A was not the landlord ("L"), and didn't own the house. A owed rent to L, and used your deposit for part of back rent. A moves out and never repays you, or L.
L wants your deposit. You don't mention rent in any way.
Assuming the above is correct, L says she won't honor your deposit since A converted it to her own use. (L is correct. She never received your deposit, which, under the facts, is your problem, not hers.)
You can sue A, but I don't understand "living out your deposit". You'll be lucky not to get evicted.
Legally, it was your responsibility to get deposit to L. She didn't get it. You have to pay it again, and look for A to repay you for the missing money.
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