Should we give roommate his deposit back? (apartment, lease, tenant)
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My husband and I along with a "friend" rented a condo for $825 a month with $825 security deposit.We paid 500.00 and he paid 325.00 We had internet/phone/internet in our name and he had gas/electric in his name. After a month and a 1/2 he had a girl friend spending most nights there which we told him she was not allowed to live in the apartment when we have had multiple problems with her bringing drugs into our apartment and she was not on our lease or helping out in any way. Our lease like any other has a strong no drug policy so I assumed she would come over just not stay over anymore. He ending up not coming home after that and just staying at her house at the end of the month we asked him for his part in rent and his part in cable bills since we still split 2/3 1/3 same with utilities. He said he was moving out at end of month without 30 day notice. He moved out a week into the next month with us having to pack his stuff up and him picking it up @1am. We signed a new rental agreement with rental agency and he was off of the new one. Almost 2 years later he is threatening to take us to small claims court for his "$400" security deposit, "$100.00 gas/electric bill, and his month of rent that he spent at his girlfriends but still had his stuff at our place. We ended up terminating our lease a couple months later since we could not afford to keep up with rent/utilities/ all our other bills so we broke our lease which they took out 100 to break lease and 55 in cleaning fees( he did not clean when left and never cleaned when he lived there). We got back $670 which I assumed that the $170 extra he forfeited when he dropped out of the contract and if not he didn't give us notice before moving out or help pay utilities when leaving. We also didn't pay his 42.00 gas/electric bill since was in his name and he was responsible for a part of it also.
Should we...
a. Give him his portion of his deposit he paid. $325 (not 400 I have the receipt to prove it)
b. Pay all he is asking $775 and get it over with
C. See him in small claims and hope they side with us
D. none or the above( and one of you help me out?)
What you should have done when the lease was rewritten in your names was to tally up all the deductions from his portion of the security deposit (unpaid rent, utilities, cleaning fees, etc.) and sent him an accounting. I very much doubt he would have had any money due to him at that point and likely would have owed you.
You didn't follow the letter of the law (you'll find your state landlord tenant laws linked in the first "sticky" on this forum) but in my opinion - and essentially in agreement with the previous poster - you should simply send him a brief business-like letter telling him that no money is due to him and that if he takes it to Small Claims court you will countersue for additional monies owed by him to you.
Leave it at that and see what he does. If he follows through with a suit you have plenty of time to get together all the accounting to prove your case so first things first. I wouldn't worry about it. Good luck!
PS: Don't get drawn into any discussion with him. Just send the letter and ignore any further communication from him.
Sounds to me like he needs drug money and is hitting up anyone he could possibly get money out of. I've seen it happen lots of times. Call his bluff. Do some quick accounting (try to find receipts if you can) and see how much money he ended up costing you. I'd wager he would actually end up owing YOU money. If that's the case, I'd counter-sue too. I highly doubt a judge is going to side with someone who just bailed on you in the midst of a lease because he wanted to throw a tantrum over something you agreed to prior to moving in.
Almost 2 years later he is threatening to take us to small claims court for his "$400" security deposit, "$100.00 gas/electric bill, and his month of rent that he spent at his girlfriends but still had his stuff at our place.
Quote:
Originally Posted by thinkalot
Tell him take you to small claims. Tell him you will counter sue.
Tell the referee, or whoever they have where you live, the whole story. If he doesn't show, you win. If he does show I think you will win.
It sounds like a threat he will not follow through on.
Quote:
Originally Posted by STT Resident
PS: Don't get drawn into any discussion with him. Just send the letter and ignore any further communication from him.
1.) Not sure of statutes, but the case seems untimely to me after the passage of 2 years. Also, whether he spent the disputed month at your co-rented condo or with his girlfriend is immaterial. A person is responsible for rent whether or not they are living there. If he makes that charge in court, something like "I want my month's rent back because I wasn't living there -- I was living with my girlfriend" then I think he just pooched his case. Lack of filing notice compounds this.
2.) I agree with thinkalot. Just bring all the records you have if you have to appear in small claims courts. More often than not small claims cases are settled on who has the best documentation.
3.) And yes, once you've told him you will file a counter suit, let that be the end of the communications. One of two things will happen: either you'll never hear another word or you will receive a notice to appear in court.
Personally, I think your ex-roomie is just blowing smoke. Probably pot smoke. I've noticed people think kind of stupid when they come up with ideas while they're under the influence of illegal drugs. Might have something to do with why drugs are illegal.
Were you his landlord? Or did he sign a lease with the owner of the apartment? If you weren't his landlord, then how could you owe him anything from the deposit? If the utility bill was in his name, then he's responsible for it.
Were you his landlord? Or did he sign a lease with the owner of the apartment? If you weren't his landlord, then how could you owe him anything from the deposit? If the utility bill was in his name, then he's responsible for it.
Because in a tenancy where several tenants are on the lease, the security deposit isn't returned by the LL until the lease comes to an end. As clearly described by the OP, that was the case. The OP also described the arrangement the tenants had where utility bills were concerned. Nobody has suggested that the OP was the LL .
2.) I agree with thinkalot. Just bring all the records you have if you have to appear in small claims courts. More often than not small claims cases are settled on who has the best documentation.
I am very organized, I have saved every important receipt letter or bill since I turned 18. Since I do this I have his utility bills since I paid his and our utilities from my bank account. I also have our receipts(including his) for our security deposit, so I know he has no proof of this other than his bank statements showing he bought a money order.
His then girlfriend now baby mama/ newly wife was the one who started the Facebook messaging. I told her this is legally not her obligation and was accrued before marriage so it does not involve her. So we will speak to him or his attorney will not be communicating with her. Lets just say they didn't like that seeing he is "too busy to deal with this since he has a full time job". He works as a cashier at Walmart 32 hours a week. My husband and I both work 2 jobs= 60+ hrs a week each since we bought a house three months ago and we still have time to deal with this.
Thanks all for your comments we are both confident that if it does go to court we will win.
I agree that you should just say, well, sue me and I'll counter sue for everything you owe me.
Once they see it will cost them around $100 to sue you, when they might not win, they'll probably just give it up. Especially because it's very likely they're coming after you now because they are desperate for money. Probably no spare $100 lying around to sue you with.
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I've noticed people think kind of stupid when they come up with ideas while they're under the influence of illegal drugs. Might have something to do with why drugs are illegal.
records and receipts
