Legal Question in Landlord & Tenant Law in California

roommate and deposit

i moved into an apartment that my roommate had been in for years. i wrote her $1400 for 1 mo. rent + deposit. I wrote all rent checks to LL after that. We both moved out. LL has excuses and is lazy about paying her the deposit back. can i take roommate to court? i did not sign anything with either party.


Asked on 5/16/07, 3:39 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: roommate and deposit

Yes. The lease is not in your name. Landlord has 3 weeks to refund deposits, and can only keep deposit for unpaid rent and damage done by lessee (roommate) and her guests. Ordinary wear and tear is landlord problem, and can only charge for cleaning if apartment is not as clean as when your roomie moved in. Roommate can collect from landlord (including a $600 penalty imposed after 21 days), and you can collect from roommate. Good luck. Let me know if there are further questions.

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Answered on 5/16/07, 5:17 pm


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