Lent roomate money dispute

[jcj121]

I(roomate 1) was living in a house with two other roomates. One roomate(roomate 3) was unable to come up with the funds for rent/bills on multiple ocasions leaving the remainder of the balance to be paid by roomate 2 and roomate 3. At one point, when roomate 3 was indebted to roomates 1 and 2 for $950, roomate 1 and 2 had roomate 3 sign a document that stated they forfeited their total of the security deposit ($1000) to rooamtes 1 and 2. This document was shown to the property manager and was deemed to be acceptable. At the end of the lease roomate 3 was totally indebted to roomates 1 and 2 for the total of $1450 without signs of repayment. Roomates 1 and 2 were willing to forget the extra money in hopes of the security deposit making some of the difference. After deductions of $1400($850 due to damages from roomate 3) and the rest to cleaning and inspections. Roomate 3 told the property manager they wanted their share of the deposit and that the document did not legal bind roomate 3 and threatened to sue. The property manager has stated they do not want to get in the middle and are going to release the remainder of the secuirity deposit to a civil court interpreter unless roomates 1 and 2 would release the remainder of the deposit to be split three ways. Attempts to contact roomate 3 to discuss have been answered with inapropriate behavior by roomate 3. What should roomates 1 and 2 do? Roomate 3 is currently unemployed with no signs of repayment to roomates 1 and 2. I have attatched a fax from the property manager with a copy of deductions and the document signed by the three roomates.

 

[Michael Wechsler]

You do have a problem - the property manager is correct and, probably under the lease, is obligated to pay the deposit back as stated. I know you want to get your share by cutting off the return of the deposit but you should probably sue the third roommate as soon as possible and perhaps ask the landlord to hold off on the return of the security and perhaps attach. I've never had to deal with such a case so I'm not sure if that would even work.

 

[jharris352]

Personally I'm sure roommate 1 and 2 would like to take roommate 3 AKA Dirtbag behind the building and pummel them. Unfortunately that is illegal. I would make a demand for the security deposit, let the manager take the money and deposit it in the registry of the court, sue roommate 3 for all the money owed using his document as proof, and let the judge give you a judgment and disburse the money from the registry of the court. Good luck.