Legal Question in Landlord & Tenant Law in California

Returning security desposit at end of lease

Our first lease was signed, 3 roommates on this lease. At the end of this lease 1 roommate decided to move out, a 30 day notice was not given to tenants or landlord. A new lease was signed by remaining two tenants. The security deposit that the moving out roommate put down on first lease was not returned, but rolled over and appears on the new lease signed by the remaining 2 tenants. This current lease has come to end and 2 tenants have moved out. Now the old roommate is wanting his security deposit back, since we are moving out. Is the old roommate entitled to his deposit back? Who should receive the security deposit?


Asked on 5/14/09, 9:14 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Re: Returning security desposit at end of lease

Good question. The landlord certainly is not entitled to keep it. You and your roommate could claim it is yours to the extent you had to pick up the rent for the 30 day period the other tenant owed. But any amount beyond that probably should go to the that tenant. The security deposit never should have been rolled over. The landlord might find himself in trouble because of the requirement of having to return within 21 days any security deposit exceeding the cost of cleaning.

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Answered on 5/14/09, 9:30 pm


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