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Our three months lease will due by the end of Feb 2020. My roommate didn't want to renew it, and I want. According to the apartment policy, if only one roommate wants to renew, a roommate's notice with move out date, deposit give up is required. Half of the deposit(2665 of 5300 total) is from my roommate. She said I need to refund her $2665 before she signs the roommate's notice.
What I am thinking is, I can't guarantee she will clean up the room and return keys to me, so I can return $2000 at most with a written note to claim I will return her deposit after checking, and I will return her the rest of deposit after inspecting(it will occur at the end of Feb, when she will move out). (according to California's law, I think it's fine to return the deposit within 21 days, and I said I will provide her notice to guarantee I will return her rest of deposit and I can write a check to her immediately after the inspection. She can also be along with me for the inspection. I think I have already stood on her shoes and tried my best to offer her everything I can)
She insists she wants the full amount ($2665) otherwise, she won't sign the roommate's notice. She insists anyone who takes over should be responsible to all the cleanup part. This also makes me in a hard situation since I can't renew the lease with her roommate's notice.
Honestly, I am in a bad relationship, so I don't want to cover any damage/clean up for her. I can't stop doubling she plans to do something bad after I refund her full amount.
What should I do to handle this?
btw, she already finished the roommate notice and both of us have signed on it. She keeps the notice on her side without giving the apartment manager to sign it. (I don't have it but I have taken a picture of it when I signed on it, does it works legally even if the apartment manager haven't signed it and I don't have the original copy?)
If I know she didn't follow one fo the apartment rule, should I bring it up to the apartment manager? Would it help?
(note: the apartment is in CA)
Last edited by newlife44; 02-14-2020 at 02:48 PM..
What is a "roommate notice" and why are those terms different from the lease? Doesn't the landlord need the signed agreement in order to make anything official?
Are both of you on the apartment lease or does she rent from YOU? Are you actually her landlord? That changes a lot.
Based on what you wrote, the apartment lease says if only one roommate renews and the other moves out, the roommate who leaves forfeits their deposit? If that's so, why does she expect any of her deposit back?
If she can get part or all of her deposit back after moving out, it makes sense that it has to wait until after the inspection. She'll have to wait to get anything. Why would you be paying her? Isn't the deposit held by the landlord? Who does this move-out inspection you or the landlord? Wouldn't they make the decision how much of the deposit gets refunded?
Why isn't your landlord instructing her what she needs to do in order to move out? Sounds like they should be.
Last edited by Parnassia; 02-14-2020 at 04:49 PM..
As I said, the roommate notice frees the move out roommate liability of the apartment, and in exchange, they need to wait until the apartment is empty to get the deposit back. The roommate notice also works as a record to determine who has the right to renew the apartment. If both of don't want to renew, there is another move-out form for us to sign.
However, she insists she deserves all the deposit she put at the beginning ($2665). She thinks the last person in the apartment has all the liability. She knows I don't want to move, so she threatens to give her all her deposit to get a roommate notices to renew the apartment. She insists she needs to get the deposit back before give up the renew right, and she can't wait for the last day because it's too risky to her to have the legal right for keep staying.
The apartment manager claims they won't involve in the roommate stuffs. The deposit can only be returned when the apartment is empty, so I need to figure it out myself. Even if I want to start a new contract with the apartment manager, she said I still need to close that issue, which might imply I need to sign the move-out form, pay the late notice fee(fail to notice within 30 days), and re-apply for approval.
I really think what she did is totally unfair to me, and why she is doing might make me spend extra money because of her.
Should I give up the apartment and find somewhere else? (lose late notice and application fee and potential damage of her part(but I only need to pay half of it) )
Or, instead, should I pay her the full deposit? (i might lose unknown amount ~5300 since I don't know how much might be charged for cleanup after she leaves)
Last edited by newlife44; 02-14-2020 at 05:30 PM..
If I'm reading this right, your roommate wants to move out and wants the deposit now rather then wait until she officially moves and after an inspection receive her money?
Yeah, I say stick with your guns and tell her she has to wait until she clears out. It's not like the landlord would've given her the deposit before an inspection; it sounds like she's trying to play you as the fool and pocket her money...is it possible she's damaged her room and is trying to get you to pay for it?
Regardless I say stick to your guns. Worse case you're going to have to reapply, but it sounds like less if a loss than giving her the deposit and paying for any cleaning/damages that happen.
Another solution is tell her if she's trying to back you in a corner with the deposit you'll use her half to cover your reapplication fees since she's causing you to pay more for her selfish actions.
The roommate who is leaving should not get any money from you. None. The new roomate can provide a security deposit to the landlord and the landlord can return money to the leaving person if he accepts the condition of the place after the 3 months. The inconvenience is for the owner to do the early inspection and to accept the new person. The person leaving gets no guarantees from you.
If I'm reading this right, your roommate wants to move out and wants the deposit now rather then wait until she officially moves and after an inspection receive her money?
Yeah, I say stick with your guns and tell her she has to wait until she clears out. It's not like the landlord would've given her the deposit before an inspection; it sounds like she's trying to play you as the fool and pocket her money...is it possible she's damaged her room and is trying to get you to pay for it?
Regardless I say stick to your guns. Worse case you're going to have to reapply, but it sounds like less if a loss than giving her the deposit and paying for any cleaning/damages that happen.
Another solution is tell her if she's trying to back you in a corner with the deposit you'll use her half to cover your reapplication fees since she's causing you to pay more for her selfish actions.
Yes. she wants the money before submitting the roommate notice (i.e. now). She didn't want to get through any inspection. She said the inspection might be unfair, and the last person in the apartment should take care of it.
Yeah... that's what I am worried about. I don't know what is the damage and clean up fee. I think if I give her money to get a form to renew the apartment, I might need to take care of all her broken part. She might damage something in the apartment within the last two weeks to take revenge to make me pay more. It's really risky.
The roommate who is leaving should not get any money from you. None. The new roomate can provide a security deposit to the landlord and the landlord can return money to the leaving person if he accepts the condition of the place after the 3 months. The inconvenience is for the owner to do the early inspection and to accept the new person. The person leaving gets no guarantees from you.
I see. I think the tricky part in my case is the apartment manager didn't want to involve us. She just wants the outcome-renew or leave.
If the roommate notice isn't signed, then is there an automatic renewal where she is on the hook? If so, you have the leverage.....because you want to renew.
Once she satisfies the initial lease term, why can't you have the apartment inspected by the landlord and have him refund her security deposit? Then you and the new roommate can start a new lease?
Tell her she is under obligation to fulfill the lease and then receive her deposit back after inspection. That is her legal obligation to the landlord and you will not pay her any money because it does not concern you.
If the real problem is you don't have the money to give the landlord a full deposit until you have a new roommate then that is your problem. A new lease equal a 100% security deposit due the landlord.
Complete your lease with the LL. You offer to sign a new lease with the LL, having found your own, new roommate. Unit gets inspected, new roommate gives her portion of the deposit, new lease gets signed by everyone. LL hands back the old deposit to both you and old roommate, old roommate takes their share, and you hand to LL new deposit from you and new roommate. Now you have a new lease with freshly-inspected unit, and new deposit, all in names of you and new roommate, and old roommate is free.
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