Legal Question in Real Estate Law in California

I am having an issue with my former roomate. In the last 2 months of our lease agreement his new fiance moved in to our place. He specifically avoided telling me but when I confronted him about it I told him that I wanted to leave it was uncomfortable and she wasnt on the lease. So i proposed that they just take over the last months rent. Well that did not fly, but we did come to an agreement that for the last month I pay 1/3 of the rent and they were responsible for the latter 2/3. Now the security deposit was sent to him because I didnt have a forwarding address yet. The check also came in both of our names to him and he only signed his name to it and the bank accepted it. What do I need to do now? Also should note my former roomate is a JD of law. He is stating he owes me nothing. I am going to take him to small claims court, but it is basically his word vs. mine because his girlfriend was never put on the lease she was simply living there it was a verbal agreement. He did request a new key card from the front office for her and he had a spare key made for her but again his word vs mine. The issue with the security deposit is I told him Id be willing to give up some of my security deposit for minor repairs to the place and asked to be there when repairs were made. He did not call for a few weeks and so I called the old complex and they said the check was cashed and only he signed it when both of our names were on the check.(I have a copy of the check) He did request a new key card from the front office for her and he had a spare key made for her as well. I found out the check has cleared even though it was made out to Him AND I not or. Im not sure how to go about getting the bank invovled with this. I called the bank we both go to and they said if it said AND that the money would be on hold or returned, but at this time 2weeks later the apartment complex is saying it has been cleared.

Asked on 10/12/11, 9:13 am

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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I suggest speaking with a bank officer (vice president) and request that your half of the check be placed in your account.

Answered on 10/12/11, 10:20 am

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