Legal Question in Landlord & Tenant Law in Nebraska

Landlord-Tenant Dispute

I moved out of a house in which I had paid a $100 deposit. I had two roomates, one who paid $100 and the other I believe paid $200 in deposits. I asked that my landlord send my deposit directly to me, to which he agreed. However, he instead sent the deposits to one of my roomates and then asked her opinion on how much we should all recieve back. She did not feel I should receive all of my money and he and her decided what to give me back. It has been a month and a half since we moved out. Both of my roomates have their deposits and I have not recieved mine. My roomate who took the money from the landlord tells me she has spent my share. Should I sue my landlord for $100 or my roomate? Is it right that my roomate helps decide what I get back in a deposit?


Asked on 7/14/07, 3:28 pm

1 Answer from Attorneys
Duke Drouillard Drouillard Law, LLC

Re: Landlord-Tenant Dispute

It depends on whether you were a party to the lease (named on it and you signed it), who you gave the deposit to (who provided you with a receipt), and whether there was a valid reason for not returning your deposit (you were responsible for some damage or failed to clean the house). You could present an action in small claims court against one or both parties, but if there is a reasonable basis for not returning your deposit you may gain nothing and be out the filing fees as well.

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Answered on 7/15/07, 12:40 am


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