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Small Claims Courts General civil claims that are under $10,000. Suing or defending usually without a lawyer.

Security Deposit dispute w/ Old Roommates & Landlord

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Old 01-22-2008, 11:38 PM     #1
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Exclamation Security Deposit dispute w/ Old Roommates & Landlord

This is quite long, but I I'm dire need of advice. Please be kind and read the entire posting !

I lived in a Condo for one year (2006-2007) With a friend (Call her "Joan") and her boyfriend (Call him "Bob"). In July of 2007, I had initially told them that I was deciding to move out of the apartment and find one on my own (because they started putting me in the middle of their personal problems, started showing a great amount of disrespect towards me and the Landlord was beginning to be difficult).

In August 2007, I began searching and in September 2007 I found a place and promptly moved out. A month later in October, they moved out as well.

We all signed the lease together under one name and we made the decision to send the Landlord one check altogether. I would write my half of the rent ($533) in a check to Joan, she'd deposit that amount into her account then send that amount to Bob's Grandma then Bob's Grandma would write Landlord a check for the total amount of rent (She paid for Bob and Joan's rent). What message I'm trying to convey here was, I was responsible and paid my half of the rent every month.

There was an incident that happened when the Landlord went to deposit a check from Bob's grandma that bounced. The Landlord's bank (B OF A) penalized him for that, closed his account and notified credit bureau's. On top of that, since his bank account was closed, he couldn't make his Bill payments on time. And thus, was penalized on that as well. The Landlord asked Joan and Bob to pay for that inconvenience and to my knowledge they since have. But to this day, he personally is being held accountable for the "fraudulent activity."

Also, Joan had decided to get Direct TV and put it under her name. There was a Dish fixed to the top of the condo, and upon moving out, Has not been removed. In the contract, It states that personal items must be removed upon moving.

______________
My problem is this---- I abided by the terms of the contract. I am aware that we signed the agreement as "one." It has been 4 months and I have not received my Deposit. There was no damage done at all, but $50 left in utilities.

The Landlord will not give back any of us our Deposits ($400) until Joan had the Dish removed, and Bob receives a written statement (or something) from HIS GRANDMA'S Bank stating that the Landlord was not responsible for the bouncing of those checks, but SHE had insufficient funds in her bank account. And until then, he will not return even MY DEPOSIT. I believe that he is supposed to give Joan the full amount, and Joan is in turn to give me my $400 deposit. (I'm not sure if there is interest that has built on it).

Joan has not since done a thing about the Direct TV Dish, and Bob in taking care of the bank and the bounced check. I've had to wait for my money, while I have done nothing wrong because of their lack of responsibility (I'm not even sure if she's still getting charged by Direct TV for the use of the dish!).

I've already contacted the Landlord about just receiving my half of the deposit, but he has told me that since we're all under the same contact, until those things I mentioned above are taken care of, I cannot get MY deposit.

I've never had to deal with anything like this and the stress
of this situation has taken a huge toll on me emotionally. I am a third year college student and I have enough to worry about in my life. I just want to
get this over with. $400 is a great deal to me because of School funding & I work a retail job. I really need this money.

I am now ready to take legal action but I have a few questions.

1) Who would I have to take to court? Joan and Bob or the Landlord?

2) Do I have a strong case here?

3) Can I be entitled to more money such as interest or Inconveniences? Its been 4 months!

Thank you for reading, and I am greatly appreciative of all and any advice anyone out here has to offer.

Last edited by Msskaru : 01-22-2008 at 11:48 PM.
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Old 01-24-2008, 07:40 PM     #2
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Default Re: Security Deposit dispute w/ Old Roommates & Landlord

somebody will answer probably but kind of long...

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Old 10-06-2008, 06:07 PM     #3
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Default Re: Security Deposit dispute w/ Old Roommates & Landlord

Not an expert, but from what I understand if you sign a lease with other people you are just as responsible as they are for any unpaid rent. I'm in a similar situation and am probably going to have to lose my deposit.
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