Legal Question in Landlord & Tenant Law in California

Who refunds the security deposit?
I was on a Lease with a roommate, who recently moved out. He seems to think that I am required by law to refund him his half of the security deposit, instead of it coming from the Landlord who actually holds the deposit. We don�t have anything written up agreeing on this and the truth of the matter is that he didn�t leave on good terms, so I don�t want to give him anything. Do I have a legal obligation to return a deposit if I remain the sole name on the Lease, or is it the responsibility of the Landlord? Also, if I do have to give him his portion of the deposit, is cleaning the carpet professionally considered to be normal wear and tear when I know that there were several �doggie accidents� that took place in the bedroom?

(As a Landlord myself, I don�t return deposits when one party moves out, I tell the tenants it is between them.)

Thanks!

Asked on 10/31/06, 7:33 pm

Philip Iadevaia Law Offices of Philip A. Iadevaia

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Re: Who refunds the security deposit?

You owe your ex roommate nothing. The security deposit goes to the LL, not you. You are not the custodian of his money. Good luck.

Answered on 11/01/06, 11:25 am

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