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Ex roommate wants to bill me for damages, has no proof? I was a co-tenant with my roommate, I gave her a security deposit $1000.

Santa Clara, CA |

I've since moved out, she signed the lease again in her name. Won't return my security deposit, claims she had a walk-through with management, they estimated $2000 carpet damage/claims it needs to be replaced. She wants to bill me for this but didn't send any copies of the estimates from the management - I asked for proof and she just said she's going to bill me for the whole thing. I tried contacting the leasing office but they won't give me info as I'm no longer on the lease. She says she can't return my deposit as it'll go towards paying for my damages. Claims there is a stain in the carpet that won't be removed by carpet cleaning alone. She has re-newed the lease, property manager says a walk-through isn't done until the last person leaves. What would be the best way to handle this?

I'd like to know if I would be held liable for these "damages" even though she won't give me an estimate/the management won't give me any details about the unit. Would I be responsible for these damages if/when she moves out? I should also add that she moved someone in the same day I moved out. She was subletting illegally and is claiming carpet damage while someone else has been living there.

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Attorney answers 1


First of all, since you had a lease with the landlord, if he allowed you to move out, and then re-signed with the new tenant, he must follow CC 1950.5 and account for the security deposit under the old lease. You were on the lease, he should account to you. If he does not, he may have violated his obligations to you and could be liable for 2 times the amount that you paid. It sounds like he did not account to you.

I do not know if he accounted for the both of you to your ex-roommate. You may have to sue both of them in small claims court if it is less than $10,000.

Let them prove what they each did in court. You can consult with an attorney, and ask the court to reimburse you for this if you are the prevailing party.

Good luck.

This is general legal advice intended for informational purposes only and does not create and attorney/client relationship. If you wish further advice, please contact an attorney of your own choosing or you may contact me for further advice and make other arrangements including retaining my services.



Thanks for your reply. The security deposit was made to my roommate and not to the leasing office, I had mentioned this to them before but they simply said that it was between my roommate and I.