Legal Question in Landlord & Tenant Law in California

Security Deposit for an Apartment

Recently, my roomate moved out of our apartment. Do I have to give him back his full part of the security deposit that he paid? We lived there for a year and a half, and the manager said if we both moved out, we'd owe them ($450.00). But since I am still at the apartment because I don't want to have to pay them the $450.00, do I have to legally give him back his whole deposit? If not, do I have to give any of it back? I don't believe he should get his whole deposit back because his cat ruined things in the apartment, and he didn't clean when he moved out. What is the law on this. Thank you!


Asked on 11/05/07, 3:25 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Security Deposit for an Apartment

I cannot answer without more facts. Please e-mail to my office or resubmit the following:

How long is/was your lease, and when does it expire?

Did you two both sign the lease, or is any one else involved?

How much is your rent?

How much was each roomie's share?

Does the landlord hold the deposit?

How much is the total deposit, and how much did each of you put up?

By his cat "ruining things", what do you mean? What was the damage, and how much will it cost to repair or replace items involving cat damage?

Was his portion of the apartment dirtier than when he moved in (that is, at move out)?

The general law (which may not apply to you, depending on your answers) is that a deposit must be refunded with 21 days except for: unpaid rent; damages; and cleaning (only if premises are dirtier than when tenant moved in).

Read more
Answered on 11/05/07, 3:42 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California