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?


Asked on 6/27/02, 12:16 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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.

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Answered on 6/27/02, 2:33 pm


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