Deposit Withholding Legalities

Summary

In California, if your roommate is withholding your security deposit and attempting to raise rent without being the master tenant, they may be acting unlawfully. Roommates cannot legally withhold deposits for utilities unless agreed upon in writing. If you have given a 30-day notice and fulfilled your rental obligations, you should be released from the lease. If the landlord is not honoring this, consult a local tenant rights organization or lawyer. Text messages can serve as evidence in small claims court.

Full Conversation

I recently gave my 30 day notice and have moved out and returned the key however, my roommate is withholding my deposit
I'm sorry to hear about your situation. Can you tell me in which state this is occurring? Different states have different laws regarding security deposits.
She refuses to give it back and she even threatened to deduct utility fees from it before giving it back to me
I'm sorry to hear about your situation. To provide you with the most accurate information, could you please tell me which state this issue is occurring in?
I just did
Apologies for the confusion, but I can't see the state where your issue is happening. Could you please provide it? It's important for providing accurate legal information.
California
In California:
- The landlord has 21 days after you move out to return the deposit.
- Deductions for unpaid rent, cleaning, and damages can be made.
- If deductions are made, an itemized statement is necessary.
For further help, consider contacting a local legal aid organization.
It’s the roommate that has my deposit
Under California law, your roommate, as the master tenant, is considered your landlord. They have the same responsibilities as a traditional landlord, including returning your deposit within 21 days of move-out. If they don't, you can take them to small claims court.
So she can’t deduct the money correct?
In California, your roommate-turned-landlord can deduct for unpaid rent, cleaning, and damages beyond normal wear and tear from your deposit. However, they must provide you with an itemized statement of these deductions.
She’s not a landlord
In California, if your roommate was the one you were paying rent to, then legally, they are considered as your landlord. They have the same responsibilities, including returning your security deposit and providing an itemized list of deductions.
I was paying rent to the landlord
In that case, who received your security deposit initially, your roommate or the landlord? This information would be helpful in advising you on the correct legal course.
The landlord has said that she has no authority to do so
To clarify, is your landlord saying she has no authority to return your security deposit, or is it your roommate who is saying this? This will help us determine the best course of action.
She’s charging a deposit but the landlord said that the deposit was already paid in full
In California:
- If the landlord has your deposit, they should return it within 21 days after move-out.
- Your roommate cannot legally withhold your deposit if they didn't initially receive it.
- If not returned, consider contacting a local legal aid organization or small claims court.
She’s charging her own deposit
To clarify, is your roommate attempting to charge you an additional deposit beyond what you initially paid to the landlord? This information is crucial to provide accurate advice.
She has my deposit. She’s refusing to give it back and stating that she’ll only give it back after she has deducted the utility fees
In California, a roommate cannot legally withhold a security deposit for utilities unless it was agreed upon in writing. If your roommate refuses to return your deposit, you may need to take this matter to small claims court.
She’s also raising the rent
To clarify, is your roommate attempting to raise the rent after you've given your *-day notice and moved out?
Yes. We currently pay equal the same rent however, she’s charging $* for the new lease and she’s only paying $* and so is her friend
In California, a landlord can increase rent, but not in a discriminatory or retaliatory manner. If you believe this is the case, consult a local legal aid organization. Also, rent control laws may apply depending on your city.
The landlord is not doing this. It’s the roommate
In California, a roommate cannot raise rent unless they're the master tenant or have the landlord's permission. Do you know if either of these scenarios apply? If not, your roommate might be acting unlawfully.
The landlord doesn’t want to get involved
In that case, it may be best to seek legal advice. Do you have a written agreement with your roommate about rent or the deposit? This can be crucial in small claims court.
No she’s not the master tenant
If your roommate is not the master tenant, she has no legal authority to withhold your deposit or increase your rent. Do you have any communication (written or electronic) where she acknowledges owing you the deposit? This might help in a small claims case.
No written agreement. The deposit was cash
Do you have any texts, emails, or other written communication where your roommate acknowledges receiving the cash deposit from you? This could be crucial if you decide to take this issue to small claims court in California.
Yes I have texts of her saying that that she will only return it after the utilities are paid off or she will deduct it from the deposit
In California:
- If there's no written agreement, your roommate cannot legally deduct utilities from your deposit.
- You can use texts as evidence in small claims court.
- Please consult a local legal aid organization or small claims court for further help.
What can I do to be released from the lease and if I have already given my 30 day notice
In California:
- Once you give a *-day notice, you're released from the lease.
- If you've moved out and returned the keys, you're considered to have surrendered the property.
- You can't be held responsible for any rent or charges after this.
For help, consider a local legal aid organization or small claims court.
The landlord is saying that I have to find a replacement tenant or we all have to vacate at the same time. Those are the only options they give
Can you clarify if your lease agreement with the landlord states anything about replacing tenants, or about all tenants vacating at the same time? This will help determine what your legal options are.
Yes
Could you please provide the exact language in your lease regarding the replacement of tenants or all tenants vacating simultaneously? This is important for understanding your responsibilities.
I’m actually not seeing it but the landlord insists it’s there
In California, landlords can't enforce terms that are not in the lease. If you can't find the clause in your lease, it may not be enforceable. Have you asked the landlord to show you where it's stated in your lease?
All I’m seeing is that you have to give a 30 day written notice and even if you give one in the middle of the month then you are to pay for the full amount
Is there any clause in your lease agreement about needing to find a replacement tenant or all tenants vacating at the same time? If not, the landlord cannot enforce such terms. Are you aware of such a clause in your lease?
They’re telling me that in order to be released from the lease, a new roommate has to move in in my place
In California, if your lease doesn't state that you're responsible for finding a replacement, the landlord can't enforce this. If you've given *-day notice, paid rent for that period, and moved out, you've fulfilled your obligations. For help, consider a local legal aid organization or small claims court.
What can I do legally if the landlord doesn’t take my concerns seriously?I’ve addressed the notice issue, the dog my roommate has that was not approved by the landlord as well as the new roommate that I never authorized
In California:
- Try to communicate with your landlord in writing, outlining your concerns.
- If this doesn't work, consider contacting a local tenant rights organization or a lawyer.
- You can also report the issue to local housing authorities or take the matter to small claims court.
They keep insisting that every time a new roommate is added, a new addendum has to be signed however, this tenant has been there for over a month and I never signed and documents adding him to the lease and he still has not paid his portion of the lease
In California, each tenant should be on the lease. If the new tenant hasn't signed the lease, it's possible they're not legally responsible for rent. Have you discussed this with your landlord?
The landlord said they reached out to him and told him that he needs to pay or leave
In California, the landlord has the right to enforce the lease. However, if you didn't sign an addendum for the new tenant, you may not be responsible for his portion of the rent. Have you explained this to the landlord?
If I didn’t sign the document to add him, is the lease agreement legal?
In California, a lease amendment adding a new tenant generally needs all existing tenants' signatures to be valid. If you didn't sign, the amendment may not be legally binding. It's recommended to consult a local legal aid organization or attorney for more accurate advice.
So if they’re not honoring their own agreement then how can they still say that I can’t terminate my lease when I’ve given a 30 day written notice?
In California, if you've given a *-day notice and fulfilled your rental obligations for that period, you should be released from the lease. If the landlord isn't honoring this, you may need to consult a local tenant rights organization or lawyer for guidance.