Legal Question in Landlord & Tenant Law in Nebraska

Landlord/Tenant

I moved out of a house in May 2007 and have not received my deposit of $100. There was no lease signed, but my roomates and I (3 people total) were never late on our rent. At the time of move out, my landlord consulted 1 roomate on what deposits we should all get back. Even though I specified an address for him to send me my deposit to, he sent the sum of the deposits to that roomate. I have found out that she receieved her full deposit, she gave the other roomate his full deposit and she spent mine. Plus my landlord was told by her not to refund my full deposit even though he has no proof of who cleaned what other than her word. He consulted neither me nor the other roomate on this matter. I have called my landlord & let messages to no avail.I sent him a certified letter demanding my deposit within 10 days of its receipt (it has been 2 months since move out) or be taken to small claims court. Can a landlord legaly give my deposit to someone else to give to me? Is he the right person to sue? Can he use 1 tenant's opinion of the other tenants to deduct from a deposit? He is never around and did not see anyone clean. I can get an affidavit from the other roomate stating that I did my share of cleaning before move out. Thank you.


Asked on 7/25/07, 9:59 am

1 Answer from Attorneys
Duke Drouillard Drouillard Law, LLC

Re: Landlord/Tenant

I already answered this question for you. File small claims action against landlord and roommate who kept your deposit and let the judge sort it out. Bring other roommate as a witness. Good luck.

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Answered on 7/25/07, 12:07 pm


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