Security deposit after a roommate moves out

[CaliProblems]

Hi,

I signed a month to month lease with a former boyfriend on a condo in California. After one year, he moved out and I remained in the condo for another 3 years. I sent a notification to vacate to my landlord 30 days prior to my move out date, provided her my new address, and requested that she return the security deposit. She avoided me for weeks and is now claiming that she does not have a contract with me. She claims that her contract was with my former boyfriend (not me) and she is legally obligated to him. Both of our names are clearly on the lease. Is she not required to return the security deposit because he left? Should I take her to court? The deposit was $1850.

Thanks in advance!
CaliProblems

 

[mightymoose]

If she refuses to pay your only option is small claims court. I would not hesitate to pursue an $1850 deposit if I felt it was owed to me.
Did you actually pay the deposit when you moved in or did the ex? Did you pay a portion of it?
If the ex paid it then it is his refund... He just couldn't get it until you vacated.

 

[Betty3]

The security deposit it seems from what you posted should be returned. However; as the other responder asked, who paid the security deposit? Any remedy would be through small claims court by whoever it is owed if she will not refund it.

 

[CaliProblems]

Thank you for the quick response. Unfortunately, the ex is the one who actually wrote the check for the security deposit. Verbally we agreed it was paid for equally because I paid for the costs of moving out of state. However, I realize there is no way to provide evidence of that agreement. The ex moved out of state and did not leave a forwarding address or number. If the landlord cannot get a hold of my ex to return the deposit does she get to keep it?

 

[mightymoose]

Again, if you feel you have a claim to it you are free to make that argument in small claims court. The landlord doesn't have any right to keep it, but certainly will if not forced to pay.

 

[army judge]

Be advised, that even if you secure a judgment in small claims, the judgment alone won't get you one thin dime.
You then begin the fun part, collecting on the judgment.
I don't see you obtaining the judgment.
You have NO proof that anyone owes you a penny, just some oral agreement stuff that only you can attest to having ever been said.
Unless you can find yoru old BF, I suggest you let this go.