Roomate Short term tenant wants ENTIRE deposit back

[alidee]

I have been in my apartment for 2 years, with now 3 different roommates. Roommate 'A' was in the apartment for 18 months, roommate 'B' for 2 months' and roommate 'C' (current roommate) for 4 months. When roommates A moved out, she was given her full deposit back by way of replacement roommate giving her a check (and her name was removed from the lease in place of roommate B). When roommate B moved out, the same thing happened - the current roommate C gave her a check for the full deposit amount and the names on the lease swapped. Obviously my name has never been removed from the lease and my deposit is still current.

Current roommate and I are both moving out, vacating the property. Current roommate C doesnt believe she should be liable for any deductions in the deposit amount we get back from the landlord because "she's only been in the apartment for 4 months and shouldnt be penalised for the wrongdoings of me or the former 2 roommates". I understand, but I also don't believe I should be penalised for wrongdoings of former 2 roommates. The landlord has a policy of not inspecting rooms when roommates move out (ie. mid-lease) and I dont have authority to inspect in between roommates/nor deduct from deposits, so its my stance that unfortunately for current roommate, thats just the way its worked out. How can I possible 'pro rate' how much each of us gets back in deposit, based on time lived in apartment?

Does that make sense and if so - can anyone shed some light? Am I right or (gulp!) is she?!?! Thankfully for me, the landlord is giving one check back and its coming to me, and I will divide in half and write a check for the roommate, so the ball is sort of in my court, but I want to make sure Im doing the right thing!

Thanks!!!

 

[mightymoose]

If the check is coming to you then share with your roommate whatever you think is fair. If she doesn't think its fair she can either cry about it or sue you in small claims where you can let a judge decide what is fair.

Personally, it seems to me that as a short term tenant she should get most if not all of her deposit unless she caused some specific damages.
You should have brought up the damages to the landlord when the other roommates left so the money could have been deducted from them. Yes, the landlord should have inspected at the time, but that ship has sailed.

 

[alidee]

But what if I dont know if there are any damages? Im dealing with a really 'picky' landlord here, so she's probably going to come up with things that I wouldnt have! I am hoping to get most of it back, and if there are any deductions that I know didnt happen during current roommate's time, I will cover those costs (unfortunately at a loss to me).

 

[army judge]

If she thinks you're cheating her, get prepared for a dispute.
I'd let her know what's going on, and I'd arrange for her to pay the landlord directly.
The policy of exchanging deposits is what could get you screwed.
Next time, I suggest you avoid roommates, they often end in financial disputes.
I understand why you dd it, to keep the rent payments coming.
But, the last in line often get screwed.
If you're unhappy, you can sue your landlord.
If she's unhappy, she can sue you.
To avoid that, someone should be prepared to take one for the team.
Otherwise, off to court you'll go.
Be advised, that is often more frustrating than eating it, as you say!!!