Can I legally withhold my ex-roommate's deposit?

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carmidy

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I received a voicemail from my landlord on the last day of our lease stating she thought it was immature of whoever lived in the basement room to paint it lime green with purple writing in acrylic paint on the walls, when we were specifically told to not paint any rooms unless it was a neutral color with her permission first. And that if it wasn't painted that night (the new tenants were to move in in 2 days) that she would hire professional painters and our deposit would be exhausted. Our landlord was also upset with the fact that that roommate's room was never vacuumed (bobbypins, coins, ponytails still on the floor even in addition to a glob of dirt) and that there was a bunch of food left in the kitchen and the kitchen was very "disgusting".

I called my roommate 3 times and texted her 5 or 6 times telling her to paint her room or we would lose our deposit. She never answered or replied, so I drove to the house (an hour away from where i currently live) and was there for for 5 hours cleaning - i cleaned the entire kitchen which ended up being ALL of her food etc, and had to scrub the floors, clean the oven/stove, vacuum the living room, clean one of the bathrooms, clean her huge walk in closet that still had some of her possessions in it, in addition to priming her walls and putting 3 coats of paint to cover up the lime green/& writing, AND picked up all of her garbage off the floor of her room and vacuumed it)

After it was all said and done we got $400+ withheld from our deposit for additional cleaning (shampooing the carpets/window washing) and each of us received $100 (4 roommates). The check was written to me because I was primary contact and wrote all of the rent checks throughout the year. I withheld her $100 because my landlord told me to since she was ignoring my calls and I had to drive 2 hours and work for 5 to paint/vacuum her room and do additional cleaning.

She texted me today and even called my father about it (I'm 22 she's 21 and semi-immature and how he's relevant I dont know). Now my ex-roommate thinks she can take me to small claims court for the $100 because I'm not legally entitled to it. But according to my law notes from school I can. So can anyone help a girl out with some legal advice. I'd be most grateful for the actual law (South Dakota). I told her to stop harassing me and my family and told her if I didnt paint her room we wouldnt have any deposit at all. She said she's going to "continue harassing me and my family" until she receives a check in the mail. Crazy..? I think so.
 
I received a voicemail from my landlord on the last day of our lease stating she thought it was immature of whoever lived in the basement room to paint it lime green with purple writing in acrylic paint on the walls, when we were specifically told to not paint any rooms unless it was a neutral color with her permission first. And that if it wasn't painted that night (the new tenants were to move in in 2 days) that she would hire professional painters and our deposit would be exhausted. Our landlord was also upset with the fact that that roommate's room was never vacuumed (bobbypins, coins, ponytails still on the floor even in addition to a glob of dirt) and that there was a bunch of food left in the kitchen and the kitchen was very "disgusting".

I called my roommate 3 times and texted her 5 or 6 times telling her to paint her room or we would lose our deposit. She never answered or replied, so I drove to the house (an hour away from where i currently live) and was there for for 5 hours cleaning - i cleaned the entire kitchen which ended up being ALL of her food etc, and had to scrub the floors, clean the oven/stove, vacuum the living room, clean one of the bathrooms, clean her huge walk in closet that still had some of her possessions in it, in addition to priming her walls and putting 3 coats of paint to cover up the lime green/& writing, AND picked up all of her garbage off the floor of her room and vacuumed it)

After it was all said and done we got $400+ withheld from our deposit for additional cleaning (shampooing the carpets/window washing) and each of us received $100 (4 roommates). The check was written to me because I was primary contact and wrote all of the rent checks throughout the year. I withheld her $100 because my landlord told me to since she was ignoring my calls and I had to drive 2 hours and work for 5 to paint/vacuum her room and do additional cleaning.

She texted me today and even called my father about it (I'm 22 she's 21 and semi-immature and how he's relevant I dont know). Now my ex-roommate thinks she can take me to small claims court for the $100 because I'm not legally entitled to it. But according to my law notes from school I can. So can anyone help a girl out with some legal advice. I'd be most grateful for the actual law (South Dakota). I told her to stop harassing me and my family and told her if I didnt paint her room we wouldnt have any deposit at all. She said she's going to "continue harassing me and my family" until she receives a check in the mail. Crazy..? I think so.



Whether you can legally withhold the rent or not, why do it?
Is it worth being harassed over a lousy $100?
Yes, she can sue you.
She should be suing the landlord.
Will she recover?
Who knows.
But, why do you want to become embroiled in your landlord's fight?
The landlord is setting you up for trouble.
I'd give her back the lousy $100 and end this mess.

I've posted the ramifications of such a lawsuit for you to decide if you want to risk vicariously assuming your landlord's liability.
You chose to attempt to remediate the alleged damage.
No one forced you to fix what someone else destroyed.
This what you reap when you room with others.




SOUTH DAKOTA SECURITY DEPOSITS

BEFORE you sign a lease on a unit, inspect the unit. Should you change your mind after you give a deposit, you may lose your right to a refund and be further liable until the landlord rerents the unit.

Get all agreements in writing and a dated receipt for your deposit. In your lease, be sure to state the date and amount of the security deposit. DO NOT GIVE CASH.
LIMITS

South Dakota places a limit on Security Deposits of ONE MONTHS RENT.

HOWEVER, "special circumstances" may enable the landlord to charge a higher security deposit. For example, if you have a pet, the landlord may charge you an extra, refundable deposit to cover potential damages from your pet.
INTEREST ON SECURITY DEPOSIT
RETURN OF THE SECURITY DEPOSIT

Every lessor of residential premises shall, within two weeks after the termination of the tenancy and receipt of the tenant's mailing address or delivery instructions (NOTIFY YOUR LANDLORD OF YOUR NEW ADDRESS), return the security deposit to the tenant, or furnish to the tenant, a written statement showing the specific reason for the withholding of the deposit or any portion thereof.

The lessor may withhold from such deposit only such amounts as are reasonably necessary to remedy tenant defaults in the payment of rent or of other funds due to the landlord pursuant to an agreement or to restore the premises to their condition at the commencement of the tenancy, ordinary wear and tear excepted. See RentLaw.com for Normal Wear and Tear
FAILURE TO RETURN THE SECURITY DEPOSIT

Any lessor of residential premises who fails to comply with this section shall forfeit all rights to withhold any portion of such deposit.
The bad faith retention of a deposit or any portion of a deposit by a lessor of residential premises in violation of this section, including failure to provide the written statement and itemized accounting required by this section, shall subject the lessor to punitive damages not to exceed two hundred dollars. (Amount subject to change or decision by a court)

http://www.rentlaw.com/dep/southdakotadeposit.htm
 
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Whether you can legally withhold the rent or not, why do it?
Is it worth being harassed over a lousy $100?
Yes, she can sue you.
She should be suing the landlord.
Will she recover?
Who knows.
But, why do you want to become embroiled in your landlord's fight?
The landlord is setting you up for trouble.
I'd give her back the lousy $100 and end this mess.

I've posted the ramifications of such a lawsuit for you to decide if you want to risk vicariously assuming your landlord's liability.
You chose to attempt to remediate the alleged damage.
No one forced you to fix what someone else destroyed.
This what you reap when you room with others.

$100 is a lot for me to part with. I'm a full time student. I work very hard for the money I earn during the summer so I am able to pay my expenses during the school year. Because of this mess I had to miss my vacation. I had to leave my hometown at 5pm right after work and I worked there until 12am which definitely screwed up my entire weekend. If I wouldn't have painted and cleaned her room we wouldn't of had ANY deposit. So yes I was forced to fix what someone else destroyed.

I dont understand what this has to do with our landlord. She specifically told us not to paint. My roommate did. Because she did we would have all gotten screwed over. Someone had to fix it and it ended up having to be me.
 
$100 is a lot for me to part with. I'm a full time student. I work very hard for the money I earn during the summer so I am able to pay my expenses during the school year. Because of this mess I had to miss my vacation. I had to leave my hometown at 5pm right after work and I worked there until 12am which definitely screwed up my entire weekend. If I wouldn't have painted and cleaned her room we wouldn't of had ANY deposit. So yes I was forced to fix what someone else destroyed.

I dont understand what this has to do with our landlord. She specifically told us not to paint. My roommate did. Because she did we would have all gotten screwed over. Someone had to fix it and it ended up having to be me.


Your landlord held the deposit, not you.
You weren't the landlord.
The deposit isn't yours to disburse to the ex-tenants.
You've taken on the landlord's job.
The landlord owes the return of the deposit she held, to her ex-tenants.
You've now taken on her legal duty.
That could mean you've also vicariously incurred her legal liability.
All this fuss over $100.
Your "roomie" is an inconsiderate boob.
But, you chose her.

You can't decide NOT to return the deposit due to your "roomie".
If you do, she MIGHT have a reason to sue you.
Your landlord's reasoning is wrong.
What you do, is your business.
I've given you a legal opinion.
When the "roomie" cools off, she may not sue you.
She may just be reasonable and walk away.
I am not saying you're wrong.
The law doesn't decide "right or wrong".
The law is about "lawful conduct versus unlawful conduct".
 
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