Am I required to split sec. deposit with roommates who have waived right to deposit?

Hello,

My situation may be a bit complicated, but I would greatly appreciate advice.

I moved into an apartment with my 1st roommate ("A"). We signed a 12-month lease together, and we each paid half of the security deposit. After the initial 12 months were over, we were never asked to renew the lease, so we continued to live in the unit on a month-to-month basis.

After 1.5 years, Roommate A needed to move out but I wished to stay on, so I found a 2nd roommate ("B"). In order for A to be removed from the lease so that B could replace him, Roommate A was required to waive his right to the deposit. He submitted a letter stating so to the property manager, and he was advised to work something out with Roommate B in order to get his money back from the security deposit. Roommate B refused to pay in full the amount that Roommate A had paid (~$800), contending that Roommate A may have caused damages that Roommate B did not feel he should have to assume liability for. So they reached an agreement that Roommate B would pay Roommate A an initial $400, and that Roommate A would get back his entitled share when the lease was to be terminated and the landowner would return the deposit. In other words, assuming that we got our full deposit back upon move-out, I would get back the amount that I had initially paid, Roommate A would get back ~$400, and Roommate B would get back $400.

Roommate B eventually moved out as well, but I again wished to stay on in the unit so I found a 3rd roommate ("C"). Roommate B decided that the fairest thing to do was to ask Roommate C to put down $400 for the security deposit, $200 of which would go to Roommate A and B each. Roommate C only ever ended up paying Roommate B $200, so the security deposit was divided as follows: $800 for me; $400 for Roommate A; $200 for Roommate B and C each. Roommate B waived his right to the deposit when he moved out.

Roommate C unexpectedly moved out a month prior to our planned move-out date. He too submitted a letter stating that he waived his right to the deposit.

So in my last month in the unit, I was the only name on the lease, meaning that a single security deposit check will be made out to me. I am now wondering if I am legally obligated to return the money to my former roommates. It is not that I wish to unfairly keep the money, but I don't feel that Roommates B or C deserve their full deposits back as they did not fully contribute to the work required to maintain the apartment.

Roommate B kept a pet (which according to the lease is not allowed) which shed and left its droppings everywhere. He did a very poor job of cleaning up after this pet. To make matters worse, he left this pet behind in our apartment even after he moved out because the home he was moving into would not allow the pet. I only allowed this based upon his promise to return in two weeks to retrieve the pet and to clean up after its mess, but he never actually came back for it. Roommate C found new owners for the pet. I continued to find pet dander and droppings all the way up until the day I moved out. In addition to the problem of the pet, Roommate B did not contribute his fair share of work to the cleaning of the apartment. Roommate C told me that when he moved in, the apartment was "grimy" and in dire need of cleaning.

As for Roommate C, he too did not leave the apartment in such good condition when he moved out. He left behind a large piece of furniture, along with a lot of miscellaneous things that I was left to pick up after. He also left nails and brackets in the walls. Though he did some cleaning, he did not do such a good job of it.

When I moved out, I did a very thorough job of cleaning, which took a lot of time and effort. In addition, I bought supplies for the cleaning, as well as for some minor repair. I already knew beforehand that I would have to do a lot of the cleaning that should not have been my sole responsibility, but I don't feel that Roommates B or C bothered at all to lessen the load for me when they should have if they expect to get back their full share of the deposit. After all, the return of a security deposit hinges upon the condition of the apartment at the time of move-out. I did more than my fair share of the work in order to ensure that I returned the apartment in the best possible condition.

So I am now wondering if there are any laws or policies that render me legally obligated to return to each of my former roommates the original amount that they paid for the security deposit. I am thinking that I do not have any legal obligation to do so since they each waived their right to the deposit when they moved out. My property manager also said this. My only cause for doubt is that I previously sent out an email to all of the roommates to make very clear what the situation with the security deposit was. In this email, I stated, "Assuming nothing is deducted for cleaning fees, then the security deposit will be divided among us as [Roommate A] described in a previous email: [me: $400, A: $400, B: $200, C:200]."

Is what I stated in that email legally binding? Would Roommates B or C have a case to take me to court for what I stated in that email if I decide not to give them in full what they originally put down? If so, how strong of a case? Also, could anyone please advise me as to the typical amount of fees involved in going to small claims court? I am wondering if it would even be worth it for Roommates B or C to pursue court as they are each only waiting on $200.

I know my explanation is long-winded, and some of the details were probably not even necessary, so thank you if you made it through to the end! Your advice would be much appreciated! Thanks again!

All 3 others signed waivers for the LL of their deposit rights. Legally, you could get copies of this and keep all the money for yourself. If you want to be fair, send each an itemized statement of what they didn't do to clean up their area (or repair their damages) when they left to show why they didn't get the amount back they expect. Then deduct those charge and send them a fair amount.