Legal Question in Real Estate Law in California
getting a deposit back from roommates.
I moved in with two other people, we signed a lease for a year but after only 3 months the living situation wasn't good, we were going to kill each other. So I am moving. The landlord agreed to establish a new lease but the 2 roommates are denying me of my share of the deposit. Is this legal, because our lease doesn't state that I forfiet my right to my share if I leave before the year is up. Where can I go from here.... to small claims court?
1 Answer from Attorneys
Re: getting a deposit back from roommates.
The two ex-roommates have released you from your obligation to pay 1/3 of the rent on the lease, and it seems to me that the bargain includes your forfeiture of your 1/3 of the deposit. Consider it a favorable deal. Small claims courts are hard to predict, but my opinion is you would lose.