How to get security deposit back

Jul 12, 2001
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So I moved out of my old apartment a while ago and my old roommate found a new person to move in.

Under California law as long as 1 person is constant on the lease it seems the landlord does not have to pay the security deposit back.

My question is does anyone know how I can force the current person living in my old room to pay me the security deposit? It looks like my old roommate and I are about to have a falling out (my old roommate is now my friends now ex-fiance) and I want to know if I still have to be nice to her or do I have a legal way of getting her current roommate to pay up.

Right now we have a verbal agreement that she will pay up in the next month, but I am afraid now that she has no reason to be nice to me, I might get screwed..i do have at least 1 witness to our verbal agreement... Not that I had any choice because I was moving out anyway and my landlord refused to get involved even though I asked him to months ago.

Is the best method right now to be friendly with her and get it in writing, I think thats what I will try to do, but just want to know if anyone knows the laws.

Thanks.
 

Seekermeister

Golden Member
Oct 3, 2006
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I'm not a lawyer, but I would doubt if you have any legal recourse against the new tenant. But, you might against your old roommate. If like here, you should have a legal library nearby to check the local laws. A small claims action is not expensive, but not something to waste time on, unless you are on solid ground.