Legal Question in Real Estate Law in California

Renter claiming debt is my responsibility

We rent out 3 bedrooms with shared

common spaces in a home we own.

Each renter has a separate rental

agreement.

One renter ''Brad'' (disabled, been

there for 10 years, pays rent on

time, etc) got a friend ''George'' to

rent out the other 2 bdrms.

Brad fronted George the security

deposit and apparently the rent for a

number of months. I heard from

Brad that George & Brad had an

agreement between them that

George would repay Brad.

George gave notice after a few

months. Since I received sec dep

from George, it was returned to

George. Brad feels that I should

have returned the security deposit to

Brad himself since Brad wrote the

check.

I found out that Brad is now in debt

over $18,000 because he fronted the

rent for George on his credit card.

Brad is trying to say I am responsible

for his credit card debt because he

paid for George's rent with it,

although the rent I received was in

the form of a check.

Am I responsible in any way for

Brad's debt?

Should I have refunded the security

deposit to Brad instead of George?

Thank you for any help you can give

me!

Should I have given the security

deposit to Brad instead of George?


Asked on 11/25/08, 12:44 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Re: Renter claiming debt is my responsibility

When; did you find out that it was Brad's money George was paying you with? If it was after the security deposit was paid back to George, you clearly have no liability. You properly returned the money to the person who paid it to you. If you knew about the source of the money before paying it back, you probably still would have no fault. You were not told by them to get involved in their financial matters. You did not know if Brad had made a gift of the funds to George.

As to the credit card debt, how is that related to anything you did. You were not obligated to tell them what they were about to do was unwise. Since you do not want to lose a teant of 10 years, talk the matter over with Brad and see if you can help him in any fashion.

Read more
Answered on 11/27/08, 3:05 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California