Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
So here's my question . I moved on May 1st in a private room that I found on Craigslist . I gave my roommate the deposit and we signed a paper saying that I gave her my deposit. When I moved in, we didnt do any lease agreement I was supposed to stay for a year but my friends want to get an apartment all together. So I gave my roommate a 30 days notice (wrote a letter, signed it and send it to her via FB cause that's the only way I could reach her) and now she's telling me that she's keeping the deposit because I was supposed to stay for a year but I didnt . Is she allowed to do that ? Even with my 30 days notice ? I live in Los Angeles by the way and I dont really know how the laws work with that .
So here's my question . I moved on May 1st in a private room that I found on Craigslist . I gave my roommate the deposit and we signed a paper saying that I gave her my deposit. When I moved in, we didnt do any lease agreement I was supposed to stay for a year but my friends want to get an apartment all together. So I gave my roommate a 30 days notice (wrote a letter, signed it and send it to her via FB cause that's the only way I could reach her) and now she's telling me that she's keeping the deposit because I was supposed to stay for a year but I didnt . Is she allowed to do that ? Even with my 30 days notice ? I live in Los Angeles by the way and I dont really know how the laws work with that .
Thanks
What was stated on the paper you signed about the deposit? A verbal lease agreement might count here but I doubt a judge would consider 1 year as a verbal agreement.
Unless stipulated as non-refundable, the roommate should have to follow the law.
California Civil Code states that an oral lease of one year or less is valid. Any lease greater than one year must be in writing.
"In California, any lease for one year or longer must be written. Short-term rentals can be done with an oral lease agreement. When you make an oral agreement with a tenant, you must provide a basic written statement. This document should include your name, address and phone number, how rent is to be paid, how much and when it is due. The statement must be re-delivered each calendar year to the tenant, or whenever the information changes. An oral lease agreement implies a month-to-month tenancy and any proceedings to terminate occupancy must follow those procedures. Oral lease agreements are hard to prove if a dispute between you and your tenant arises. However, with an oral lease agreement, you still have the right to vacate the tenant when you do so legally." Vacating a Tenant That Has No Lease | Home Guides | SF Gate
I think if the roommate doesn't give a statement or the deposit back within 21 days then the OP should sue them in Small Claims Court. Notice was sufficient so the OP has done nothing wrong. IMHO
So basically I won't get my deposit back . I mean at this point it's better to leave her with the deposit than try to get something from her and being wrong and have to pay the full year of rent right ?
"In California, any lease for one year or longer must be written. Short-term rentals can be done with an oral lease agreement. When you make an oral agreement with a tenant, you must provide a basic written statement. This document should include your name, address and phone number, how rent is to be paid, how much and when it is due. The statement must be re-delivered each calendar year to the tenant, or whenever the information changes. An oral lease agreement implies a month-to-month tenancy and any proceedings to terminate occupancy must follow those procedures. Oral lease agreements are hard to prove if a dispute between you and your tenant arises. However, with an oral lease agreement, you still have the right to vacate the tenant when you do so legally." Vacating a Tenant That Has No Lease | Home Guides | SF Gate
I think if the roommate doesn't give a statement or the deposit back within 21 days then the OP should sue them in Small Claims Court. Notice was sufficient so the OP has done nothing wrong. IMHO
So basically I won't get my deposit back . I mean at this point it's better to leave her with the deposit than try to get something from her and being wrong and have to pay the full year of rent right ?
No I think you should point out to her that an oral lease falls under the month-to-month laws and you are entitled to your full deposit back since you gave proper notice. Even if you didn't give proper notice, that is not a valid reason for withholding a deposit.
CA law states a deposit can only be withheld for unpaid rent, cleaning, or damages. She has 21 days after you move out to return the deposit or issue a statement regarding why the deposit is being withheld.
If she still refuses then make sure she knows that you will take her to small claims court and if it is determined that she kept the deposit in "bad faith" (like because she is mad you left so soon) then you could be awarded up to 3x the deposit. That should be enough to get her to think twice about it.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
