Legal Question in Landlord & Tenant Law in California

Renter/Roommate Apartment Deposit

Upon signing a one year lease with my

roommate, a double deposit was made on

behalf both my roommate and I for the

amount of 1,450 (each). Our one year lease

has expired on April 1st and we our currently

on a month-month. I have decided to move

out and in doing so I gave my roommate and

leasing manager a 30-day notice with my

move out day of Jul 5th. My roommate has

decided to stay but refuses to give me my

deposit back. My leasing manager said he

would be the one to have to write me a

check in the amount of 1,450 if he's not

moving out yet. But, my roommate refuses

to do so. He says I'm liable to find him a new

roommate and he doesn't have the money to

give to me nor does he think he's responsible

to do so. If I were to take him to small claims

court, would I win my case?


Asked on 6/12/09, 3:59 pm

1 Answer from Attorneys
Jerold M. Gorski Law Offices of Jerold M. Gorski

Re: Renter/Roommate Apartment Deposit

The answer depends on all the facts. Since it is now a month to month lease, I am not sure why your landlord tells you to talk to your former roommate. What does the lease provide? If you would like to discuss your matter in more detail, feel free to give me a call.

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Answered on 6/18/09, 8:00 pm


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