Ask MetaFilter questions tagged with roommate and deposit

How do I get my money back?

mockdeep — Tue, 07 Oct 2008 15:01:48 -0800

I lived in a pretty crummy apartment for about three months with six other people. It was a pretty informal situation, no lease, people move in and people move out. The person moving in pays their deposit to the person moving out. Only, I didn't get my deposit back. What resort do I have? In an apartment that is so crowded someone is usually elected (or self-appointed) to collect the rent and send it to the landlord, and do other "responsible" stuff like looking for new roommates. Only, the person who found my replacement had them make out their deposit check to himself, instead of me. He tells me he had hit a rough spot, but he had a big commission check coming in so he would pay me my $450 in no time. And so goes the story, over and over again. It's been a year and a half now, and for a time I had pretty much given up on getting my money, but now I've gotten fired up about the situation again and I'm wondering what options I have aside from harassing him and threatening him. I heard from others that he had a raging drug habit and he definitely has the look.

What have you mighty MeFites?

Sublettee responsibilitee?

suedehead — Sun, 12 Aug 2007 22:45:02 -0800

I was supposed to stay a year, but am moving out within the first month. I gave my roommate/sublettor three weeks' notice that I was moving out. Do I have to find a roommate for him? I'm not leasing, but subletting the room. The contact (signed by both parties) stated that it was a month-to-month contract, and doesn't state anything concerning any amount of notice for moving out. I paid the first and last month's rent upfront, and would like to get the last month's back in a civil manner.

My roommate is out of town until the 20th. I emailed my roommate telling him that I was leaving, right after the first week (the 8th). The roommate responded by saying 'let's talk later'. Today, I got a very curt one-line email asking me if I could "please work on finding a replacement?"

Is this necessary? As a subletter, what rights do I have? (I'm in NYC.) I'm of the opinion that since there was no minimum length of contract and since it was month-to-month, and since I gave more than enough notice, I shouldn't be the person responsible for looking for a replacement. At the same time, I want to know if this is the kosher 'thing to do'. I don't want to be evil, but I don't have time to look for someone either. At the same time, I want to get my last month's rent back. What should I do?

Roommate vs roommate security deposit: strong small claims case?

Geckwoistmeinauto — Thu, 01 Feb 2007 10:44:18 -0800

Mass. SecurityDepositSmallClaimsFilter: Buddy's ex-roommate withholding security deposit for no good reason, what should he do? This takes place in Boston, if that matters. He paid roommate $700 security deposit. Roommate in turn paid the landlord. He signed on to the lease under the landlord. At the end of the lease, roommate was angry at him for 'not really living there' -- she was returned the full amount of the security deposit. She was angry, so he offered her $50 and asked for a check for $650. She responded by offering him $450 because the money was legally hers to do with as she pleases, and anything he gets back is a gift.

So, he has a lease with their names on it, and a canceled check to her with "security deposit" in the memo dated a week before his move-in.

Under MA law, does he have a strong small claims case? How would he go about telling her he is prepared to sue without sounding threatening or should he not contact her and just file the suit?

I've looked at the appropriate Mass. laws about security deposits, but didn't see very much that would apply to this situation. Also, I had difficulty finding previous questions that weren't tenant vs landlord instead of tenant vs tenant.

Obligatory HHCAL: He Has Consulted a Lawyer, but we'd like to hear anecdotal experience.

Roommate predicament, should I pay or not?

thefinned1 — Mon, 10 Apr 2006 15:40:08 -0800

Roommate predicament, should I pay or not? Short summary: The former roommate in the house I was planning to move in to tried her best to be discreet about telling me that I might not be getting into a good rental situation when I asked her. I pulled out but left the live-in landlord with half my deposit as not to screw her over. Now the landlord has contacted the old roommate telling her she is liable for rent because things with me fell through. The old roommate was only trying to protect me – and now she is about to get hurt because of it. HELP! I need advice.

(Very) Long version: I arrived at my new apartment, ready to move in with my car half full of stuff ready to unload. My new landlady who I would be living with was at work, and the roommate who was moving out was home finishing up the bathroom cleaning. After checking out the empty room, I was headed downstairs to start with the first load of stuff, and I asked the roommate who was leaving if there was anything I should know about the landlady or the living situation before I took the plunge.

Her response left me baffled – she refused to go into any details until she got her full deposit back, but the look in her eyes and the fact that she felt worried that she wouldn’t get her deposit back from this lady didn’t fare well for what kind of situation I was about to get myself into. I tried to get more information out of her so I could make the right decision, but she wouldn’t budge one bit. She seemed very very nice, and sympathetic, and the more I tried to get info out of her, the more I understood that this was NOT a living situation I should be entering into. She even mentioned wishing that she had the phone number of the other roommate who recently moved out, insinuating that that person had a bad story to tell as well.

So...the former roommate and I exchanged phone numbers and agreed to talk later, so I could tell her what I was planning to do, and so that she could eventually tell me, once she got her deposit back, what was so wrong with the landlady/living situation, regardless of my decision. The landlady never knew that she and I came into contact, and we agreed to keep it that way.

After giving it much thought that afternoon, I decided that the best way for us all to get out of it – for me to not have to move in with a crazy lady, and for the former roommate to not be affected by my decision – was to make up a story that got me out of it. So, I did – I made up a life altering event, the end result of which meaning that I couldn’t move in. The landlady was sympathetic to my situation, I told her to keep the deposit money I gave her to cover the half month of rent that it could, and the former roommate wasn’t involved and should therefore get her money back – everybody wins, right?

So I thought until I received a call from the former roommate – the landlady called and told her that because things with the new roommate (me) fell through, she was still responsible for paying rent until she found someone who could take the room. Obviously this is unfair and ridiculous – the deposit money that I left should be what covers the rent until a new person comes in – but as far as the landlady knows, the former tenant and I never touched base, so she doesn’t know that we each know what she’s trying to do. The problem now being, this former tenant can’t get her deposit back from the landlady, and it’s at least partially, if not fully, my fault.

So – what should I do? Should I offer to pay the former tenant a portion or all of the deposit that she won’t be able to get back? That would be money I’m paying, literally, for NOTHING! Should I tell the tenant that I’m sorry she is in this situation, but I can’t help, and risk having her tell the landlady about our interaction, and therefore I would be held responsible for my end of the rental agreement?

I really want to do what is right for everyone, including myself…but what is right? What would you do in my situation?

I'm in California, if that helps/matters.