Security Deposit question

[MrDingleDangle]

So I moved out of my apartment that I lived in for 3 years, my roommate at the time stayed in the apartment and got a new roommate

The new roommate doesnt want to pay me a full security deposit, because it hasnt been professionally cleaned and I would have lived there 3 years and she will probably only live there a year...I totally understand this.

But the landlord refuses to get involved, which i think is ridiculus. He said he would only know how much he would give back after both parties move out.

I want my security deposit back, but dont want to screw over this new roommate. Any suggestions? Does the landlord have to pay me the security deposit since i am not on the lease anymore even though my old roommate is?

this is in California

 

[DaiShan]

Joint lease or individual leases?

 

[Orsorum]

It doesn't matter; have the landlord inspect the apartment and assess any damages; if there are any, split them between the two of you and deduct that amount from your damage deposit. The new roommate owes you at least that amount.

 

[MrDingleDangle]

Originally posted by: Orsorum
It doesn't matter; have the landlord inspect the apartment and assess any damages; if there are any, split them between the two of you and deduct that amount from your damage deposit. The new roommate owes you at least that amount.

he wont do it, it seems under california law, he doesnt need to do it until the apartment is vacated.

 

[KLin]

Originally posted by: MrDingleDangle

Originally posted by: Orsorum
It doesn't matter; have the landlord inspect the apartment and assess any damages; if there are any, split them between the two of you and deduct that amount from your damage deposit. The new roommate owes you at least that amount.

he wont do it, it seems under california law, he doesnt need to do it until the apartment is vacated.

If that's what the law says, then you're SOL until the apartment is vacated.

 

[Orsorum]

Originally posted by: MrDingleDangle

Originally posted by: Orsorum
It doesn't matter; have the landlord inspect the apartment and assess any damages; if there are any, split them between the two of you and deduct that amount from your damage deposit. The new roommate owes you at least that amount.

he wont do it, it seems under california law, he doesnt need to do it until the apartment is vacated.

Well, then do it yourself and take pictures when you do it. Give copies to the new tenant and the landlord, dated, and if there are no reportable conditions, ask for the full deposit amount from the new tenant.

If you moved out, you should get your deposit back. I am not a landlord-tenant lawyer so I can't offer any legal advice, but that line seems morally and ethically correct to me.

 

[MrDingleDangle]

basically I have agreed to pay my part to have a maid come in to clean the apartment and especially my bathroom and room( my room is pretty much spotless though). Also I have agreed to pay my part to get the carpets cleaned.

but i guess the big difference is she wants all the walls painted, but under california law since we lieved there 3+ years, we are not responsible for the walls being painted and cant be charged by the security deposit, so I dont feel like i should have to pay for it

 

[MrDingleDangle]

Originally posted by: Orsorum

Originally posted by: MrDingleDangle

Originally posted by: Orsorum
It doesn't matter; have the landlord inspect the apartment and assess any damages; if there are any, split them between the two of you and deduct that amount from your damage deposit. The new roommate owes you at least that amount.

he wont do it, it seems under california law, he doesnt need to do it until the apartment is vacated.

Well, then do it yourself and take pictures when you do it. Give copies to the new tenant and the landlord, dated, and if there are no reportable conditions, ask for the full deposit amount from the new tenant.

If you moved out, you should get your deposit back. I am not a landlord-tenant lawyer so I can't offer any legal advice, but that line seems morally and ethically correct to me.

Its more the cleaning costs, I could def. see there being cleaning costs, so I have basically offered about $100 off my security deposit for cleaning

 

[Orsorum]

Originally posted by: MrDingleDangle

Originally posted by: Orsorum

Originally posted by: MrDingleDangle

Originally posted by: Orsorum
It doesn't matter; have the landlord inspect the apartment and assess any damages; if there are any, split them between the two of you and deduct that amount from your damage deposit. The new roommate owes you at least that amount.

he wont do it, it seems under california law, he doesnt need to do it until the apartment is vacated.

Well, then do it yourself and take pictures when you do it. Give copies to the new tenant and the landlord, dated, and if there are no reportable conditions, ask for the full deposit amount from the new tenant.

If you moved out, you should get your deposit back. I am not a landlord-tenant lawyer so I can't offer any legal advice, but that line seems morally and ethically correct to me.

Its more the cleaning costs, I could def. see there being cleaning costs, so I have basically offered about $100 off my security deposit for cleaning

That's reasonable. Seems like the new tenant wants a free security deposit.