Deposit check paid for by 3rd party on rental.

[WestLABrian]

I rented a room in a house that I own. I live in California, since my renter was the only tenant and I am the owner, I believe he is classified as a "lodger tenant". My tenant's "friend" wrote the check for his deposit (no contract between me and the tenant's friend). After about 9 months he moved out and was behind on rent, I mailed a statement to his new address stating that I would use the deposit for this purpose.

The tenant's friend whom I have no contract with is taking me to small claims court stating I didn't return the deposit upon his leaving. I tried to explain the situation to the friend, but he does not understand. I know when he lived with me, he said he was in the process of paying back the borrowed deposit from his friend (I think/believe this action is acknowledgment of his debt).

My question is this, would the judge just throw out the case, since there is no written agreement?

I would think in this case, if anyone was going to attempt to take me to court, it would be my previous tenant, am I right?



In addition to that, when they "tried" to serve me, I was not home. When I went to look up the case on the court website, it says the "process server" served my "wife" (I am not married and I live alone). The name they used for my "wife" was in fact my mom's name. My mom lives 5 hours from here, and we talk daily. She has not heard a single thing about this.

Send a copy of that deposit statement to the third party with a letter explaining that since you had no contract or agreement with this person, all dealings concerning this rental were done with the legally responsible party, the tenant. Let this person know that you are enclosing a copy of the deposit statement that you sent the tenant. If the tenant owes them this money, they will need to sue the tenant since they loaned the money to the tenant for the purpose of covering his obligations. They did not loan the money to you, they merely paid the tenant's debt.

Next, contact the court and let them know that the service listed on the website is incorrect. Let the clerk know that it lists service to your wife and you have no wife, and that the person's name listed on service is another relative who did not recieve any paperwork at all. Make sure understands and records that service was not accomplished and that you have no paperwork on this case at all. You may want to go to the clerk's office to be sure she records this correctly. She should enter ths informatin into the computer and postpone the case, referring it back to the process server or the person who filed it for proper service before it can proceed.

When and if it goes to court, take your tenant's file and show that the deposit was paid on behalf of this tenant. Let the court know that you have no contract or agreement with this 3rd party and that s/he is owed this debt by the ex-tenant, not by you. If the tenant agreed to borrow this money from the friend and failed to return it, the friend will have to sue the ex-tenant. You have a lawful right to keep the deposit of a tenant for unpaid rent.