Quote:
Originally Posted by 7407manchester
I have a problem that I have been unbale to obtain a true answer for.
I have a unit that was rented by 2 people. One of them just got up and left while the other tenant wants to remain a tenant and find a roomate.
When the unit was rented they both provided me with a rental deposit and now that one has left he is requesting to get his deposit refunded.
NOTE; THE TENANT WHO LEFT DID NOT GIVE ANY SORT OF NOTICE OF HIS DEPARTURE. HE LEFT WITHOUT ANYONE KNOWING WHAT HE WAS DOING.
My question. Is he entitled to his half of the rental deposit or does the deposit remain with the unit since he broke a 1 yr lease And I have not relived him of his contractural obligation with me.
I will post a 3 day notice to pay rent of quite today because he has not paid for his August '08 rent.
He informed me that upon my guarantee that he is getting his deposit back he will pay the august protion of his rent. He also claims that due to an argument with his roomate that this is HARDSHIP and therefore can get the lease cancelled without any damages.
Is all of this allowed by LA County LAW. The building is NOT RENT CONTROLLED
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it is my understanding that two people on a lease are jointly and severally liable-- meaning that they are each responsible for ALL of the obligations under the contract, including the rent. in other words, if anyone is harmed here, it is the roommate, not you, as you can serve 3-day notice to the remaining tenant to vacate if you have not received the FULL rent on the unit. look at it this way: you did not rent two halves of an apartment to two people; you rented a single unit to two people, and it's up to them to come up with the money they owe you. if one leaves and the other wants to stay, the "you have MY half" argument doesn't fly. (it's the danger of having a roommate you can't trust!)
if you choose to, you may let the remaining tenant stay and look for another roommate, and add that person to the lease. you can collect a deposit from that person, at which time you must refund the departed tenant's deposit, minus his share of the rent during the period that he failed to pay until the new tenant moved in, and any customary charges attributable to him. that will make you whole.
to be honest, it sounds like a big hassle to me, and as much as it sucks for the innocent roommate, i would serve the 3-day, accept whatever is offered for august, and let the tenant know-- in writing-- that since it isn't the full rent, you don't have to accept it at all, and s/he has two weeks (or however long that amount covers as a prorated amt. of the full rent) to come up with the rest or move out, or you will begin eviction proceedings. otherwise, you'll likely just get screwed.
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08-05-2007, 01:39 PM
Refund reantal deposit
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