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roommate deposit

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Old Aug 22nd, 2007, 03:41 PM     #1
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Confused roommate deposit

I had a roommate who just moved out 2 days before the months rent was due so I had to pay for her rent for that month. Now, 8 months later she is trying to get her deposit back but I think that it belongs to me because she didn't give any notice. Within our signed contract with our landlord it states that you have to give a 30 day notice and that the contract was for a year. She was only there for 3 months. Is she titled to that money? She is threatening to take me to court for it but I don't want to be bothered with that process.

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Old Aug 23rd, 2007, 01:18 PM     #2
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Default Re: roommate deposit

You may have no choice but to go to court. First, who paid the deposit? If you paid, let the LL know that you expect the deposit to be returned to the person who paid it-you! Many LLs give a joint deposit check in all tenant's names and make you work it out. If she doesn't agree to let you have it to complensate you for paying her share when she failed to give notice, you may have to sue. When she broke your lease, you continued to pay the rent yourself, thus the LL didn't take her to court for breaking it. However, you can sue her in small claims for breaking the lease and leaving you responsible to pay her share of the rent. You can actually sue her for her share of the rent you paid up through the required amount of notice that she was supposed to give. Speak to your LL, then you may have to file against her in small claims. Good luck.
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