I was subletting and can't get my deposit back!

[lschong]

So, I was a subletter in a house, with a 6 month lease due to end in February.

My roommate broke our lease in December when she got into her own legal battle with the owner of the house and decided to move out, resulting in my having to move out. I was nice at the time and offered to be a witness for her if necessary.

At the time she was extremely apologetic and asked for my forwarding address for the return of my deposit. (My sister and her boyfriend witnessed this as well as my leaving the address on a sheet of paper)

A few weeks later, I emailed her about the deposit and she said she was waiting for the last water bill.

I emailed her a week later and she said she was still waiting for it.

At the end of January I sent her an email asking that if she hadn't still received it, if she could just deduct a flat amount and also pointed out that it had been over 30 days since I vacated and also mentioned that she had broken the lease with me, and I haven't heard from her since then. I tried sending her another message this week but she seems to be ignoring it.

I have a signed copy of the lease with the terms listed, how much I paid, and also she wrote and signed that she received my initial payment of the first month and deposit.

I don't know her new address, though I still have her phone number, and I'm not really sure how to proceed with getting my money back since I was subletting. Help?

 

[Gail_in_Georgia]

Are you certain either of you are owed any security deposit?

You both broke the lease; in cases such as these the landlord can keep the security deposit is place of owed rent.

Gail

 

[lschong]

I only have a contract with my roommate, who in this case, is my 'landlord' And she definitely owes me my security deposit. She even had gone through the motions of promising me she'd send it, asking for my address, etc. My sister was there when she asked me to leave a forwarding address.

I don't have any contract with the actual owners of the house, nor did I ever pay them any money.

My contract with my roommate states that I will sublet the room from her for 6 months for x rent and y security deposit, and she signed for receiving both.

She forced me to move out prior to that because of separate issues. None of which were in any way related to me other than her leaving caused me to have to leave.

 

[Gail_in_Georgia]

Your contract with your roommate as your landlord is no different than if you'd had a contract with the actual owner of the house in terms of "breaking" the lease.

Consider sending her what is known as a "demand" letter by registered mail (not email) "demanding" the return of your security deposit by a certain date.

If you do not receive satisfaction by this date, then your next step is to consider whether you wish to take legal action against her; i.e., filing against her in Small Claims.

Sometimes the fear of a lawsuit "jump starts" the sending of a check.

Gail

 

[lschong]

Ok, so an update on this situation.

I received and email from my former 'landlord' last week stating that she understood the law and her moral obligation to return my deposit and that she was mailing the check.

I replied and said I would let her know when I received it.

It's been 9 days and nothing has arrived. I sent her another message asking to verify the address and the actual date she sent it, and I haven't heard anything back in 2 days. I called this morning and it went straight to her voicemail.

I want to send her a demand letter, but I don't know her new address since both of us moved out. Any advice as far as what to do from here?