Legal Question in Real Estate Law in California
Tenant paying former tenant their portion of security deposit.
Recently one of three roommates has moved out of our residence and requested that her portion (1/2) of the total security deposit ($770) be returned by the two remaining tennants. There was significant damage to curtains, fencing, and no cleaning of the rented room had been done prior to the date she moved out. We subsequently issued the aforementioned roommate a check for $150 with ''DEPOSIT'' in the memo line. The check was cashed. Said roommate has now sent a letter to our landlord requesting the remainder of the deposit be paid to her and claims no responsibility for any damages. Should we pay her the balance? We felt that the $150 was generous considering her lease at the apartment spanned 3 years. Also, is cashing the check acceptance of the terms and the amount issued ($150)?
2 Answers from Attorneys
Re: Tenant paying former tenant their portion of security deposit.
You should have had an inspection with her when she moved out and agreed on the deposit then. Take photos of the damage now. You'll need them if she sues in small claims court.
Writing DEPOSIT on the memo line of the check doesn't mean anything. Writing "Payment in Full" or "Deposit Paid in Full" could be different.
See Civil Code �1526. However, she could have crossed this notation out and still cashed the check.
The landlord has no duty to refund a deposit until all roommates move out.
Re: Tenant paying former tenant their portion of security deposit.
Your question leaves some doubt as to whether you (the writer) are the landlord or the two remaining tenants.
However, the basic principle here is that the landlord does not have to, and indeed should not, make partial (or complete) refunds untill ALL of the tenants are out.
Otherwise, the landlord is placed in the difficult position of determining who among the co-tenants is responsible for damage; also, the landlord should maintain the deposit at the full original level until the apartment is vacated.
I agree with Mr. Snitow about the effect of legends written on a check.
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