Legal Question in Real Estate Law in California

Re: How can I get my deposit, my roommate is a nuisance

Since you are a tenant, and the landlord acknowledges a security deposit from you, and assuming both of you are on the lease, it may work to give the landlord and the other tenant 30 days notice to terminate the lease. In doing so, advise the landlord this notice is for you only, and request a return of your deposit after you vacate. Make it clear in the notice the co-tenant may stay on and will then be liable for the entire rent.

Be aware that the giving of the notice terminates the tenancy, and you may be required to vacate even if you and co-tenant reconcile. But if you do reconcile,it would be odd if the landlord would not go along.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete, and is designed for general information to parties under California law. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you.

Reply Posted By:

Wayne V.R. Smith

Attorney at Law

P.O. Box 3219

Martinez CA 94553

Re: How can I get my deposit, my roommate is a nuisance

Wayne has it down pat. You and the co-tenant are partners. So notify the landlord (30 day notice) that you are terminating the lease (for the partnership). That terminates for both of you. Then either one may go to the landlord, and rent the place exclusive of the other tenant. The real problem is proving who gets the deposit back. The landlord may have some exposure there. So you may have to sue in small claims court to get your share of the deposit back.