Legal Question in Real Estate Law in California
Trouble getting security deposit returned
A roommate and I leased an apartment for 1 yr. After the yr lease expired in Apr., our lease became month to month. I then gave 30 days notice to my roommate and my landlord that I was leaving - someone else was going to take over my place. My name on the lease was to be removed and put in her name and I wanted my security deposit returned to me. I spoke to my landlord and he said that he doesn't get involved with sec. deposits when roommates switch and that I need to arrange for her to give it to me. She, and my former roommate agreed and saying they would give me my deposit when within a couple of weeks. Mistakingly, I let her move in without giving me the deposit, but because she was a friend I allowed it. Now, almost a month later after she has moved in, she still hasn't given me a deposit and says that she doesn't think she will be able to anytime soon. She's saying that she has no legal responsibility to do so & that she is doing a favor to me. She claims that the only responsible one is the landlord, although he is also claiming no responsibility. All I know is someone owes me my money back but I'm not sure who I can legally demand to pay me. Any advice?
1 Answer from Attorneys
Re: Trouble getting security deposit returned
When X and Y move in to an apartment as co-tenants, the landlord must refund their deposit (less any properly-withheld portion, of course) when the lease ends and both X and Y have moved out, and at that time the landlord may refund the entire deposit to either X or Y. It is up to X and Y to split the refund properly among themselves.
The fact that Z replaces Y as a co-tenant, or becomes an additional tenant, does not affect the landlord's handling of the deposit UNLESS the original lease is replaced by a replacement lease based upon complete agreement between landlord, X, Y and Z.
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