Legal Question in Real Estate Law in California

I had a lease involving me my wife and a roommate , the lease was up and the beginning of the year and three months ago the roommate left the house without cleaning anything up and now that my wife and I are moving he is calling the lanlord to get his portion of the deposite . Dose he have any rights to the deposit being he didn't live here anymore and there is no lease binding him to the house or deposite dose he have any rights to the money?


Asked on 7/29/12, 12:24 pm

1 Answer from Attorneys

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

Did the roommate pay any of the deposit? To whom? If he paid it to you, you should have paid him when he moved out, less a reasonable deduction for your costs to clean up. If he paid it to the landlord, he is entitled to get his share back, but it doesn't necessarily have to come to him directly from the landlord. The landlord can make the entire deposit refund to any one of the former tenants -- you, your wife, or the roommate. The former tenants are agents for one another. It isn't up to the landlord to decide which of you gets how much of the deposit refund, or who left the garbootsch, or which did the damage.

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Answered on 7/29/12, 1:28 pm


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