Ex-potential roommate wants deposit money back (apartment complex, rental, transfer)

[pepperooster81]

So myself and two other girls decided to live with each other at a specific apartment complex, applied, were accepted, and then made an $800 deposit (split 3 ways, $267 each). One of the girls decided not to live with us, and is now claiming that we told her she'd get her deposit back (which my roommate and I know we never did!) After she decided not to live with us, my roommate and I decided to live within the same management company but at a different complex down the street so we wouldn't lose all our money. The girl who decided not to live with us signed something at the complex saying that she agreed our transfer of the $800 to an apartment within the same management company but at a different complex, even though they charged us $100 to do so. She never signed a lease, to be clear, she only gave a deposit and then decided more than a month later to withdraw from living with us. I'd consider that forfeiting a deposit.

We have offered to give her $267 -$100 back, because we feel that she should at the very least have to pay for the transfer fee since it's her fault we didn't live in the original 3 bedroom apartment as it is. We feel that giving her $167 back is completely reasonable, if not overly nice, but she is refusing and says that we owe her the full $267.

If she takes us to court on this, does she have a case? She is under the delusion that my roommate and I agreed verbally to pay her back, but we know we didn't. We were nice enough to offer $167 back, but now that she is being ridiculous about it, I personally don't think she deserves anything! Is there any law that would back either case up on this, or are we going to have to waste our time in small claims court?

[DMenscha]

This is why they came up with small claims courts. Worst case you have to pay her the entire amount, best case you don't have to pay her anything.

[Twinkle Toes]

Depending on who has the more convincing argument, it could go either way. Going to small claims court could be an all day thing. You have to decide if it's worth it to you for such a small sum. On the other hand, you could go ahead and file and have her served. She may just settle up with you before it gets to court, and you can just take it off calendar.

[KC6ZLV]

With few exceptions, rental deposits in California are always refundable, minus the amount for cleaning or repairing damage.

[ferretkona]

You could mail her a check for the $167. She can then decide if it was worth filing a court case for the remaining $100.