Legal Question in Landlord & Tenant Law in California

Security deposit amount dispute

I signed a lease with a roomate a number of years ago.

I subsequently changed roomates, my new roomate had worse credit, and my security deposit was increased from 700 to 900. We paid the additional 200, and have a lease that says the 900 was recieved. My 2nd roomate left, I went on the lease solo, and have a 2nd lease that says 900 security deposit recieved. I have subsequently moved out, but the security deposit refunded to me was based off of 700, not 900. When I spoke with the management company, they responded that even though the deposit was increased, I never paid it and now have to provide a reciept or cancelled check to prove I paid the other 200.

Is the management company correct, or are the leases proof enough and they owe the addtional 200?

Thanks,

--name removed--Johnson


Asked on 6/29/04, 3:59 pm

1 Answer from Attorneys
Martin Snitow

Re: Security deposit amount dispute

If they collected a deposit, they have to refund it. But only once. The problem is what happens when your ex-roommates come and also ask for the refund.

I think they should pay the deposit to you if you were the only person on the last lease. The landlord may ask you to get a signed waiver from your ex-roommates if that is possible. Otherwise, they may write a check payable to everyone and leave it to you to get the other roommmates to endorse the check, too.

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Answered on 6/29/04, 6:58 pm


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