Legal Question in Real Estate Law in California
Management Company, Ex-Roommate, or both?
Should/can I file against both my ex-roommate, and the Management Company? It's been well past 21 days. Ex-roommate has the deposit from her new roommate, and is trying to deduct from it, etc. I did sign a simple form that ''releases'' the Management Co. from any monies, etc. that I would claim, however my signature was not witnessed, nor was theirs, nor was either signature notarized (it states on the form itself that either of these must happen). I signed it to get off the lease.
2 Answers from Attorneys
Re: Management Company, Ex-Roommate, or both?
You sue them both, two defendants in Small Claims Court. Let the judge make the decision who owes you money. That saves you the problem of subpoenaing the Management Company to come in as a witness.
Re: Management Company, Ex-Roommate, or both?
You would have to say it was not your signature (which would be perjury) or that you signed it under duress, as far as Mfmt. Co. goes.
In any case, you can sue the roommate in small claims court.
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