My question involves landlord-tenant law in the State of: California
She is not on the apartment lease. Before moving in, I emailed her the roommate agreement without personal information filled in and and she agreed to it verbally. The roommate term is from 10/1/18 until 4/30/19. Here is what it says about the deposit: "roommate will pay a mandatory month’s rent deposit to cover damages and/or unexpected departures:"."Each roommate will receive his/her share of the security deposit if and when the landlord returns it after the agreed upon roommate lease term ends." For withdrawing we agreed: "if a roommate decides to move out, a two months’ notice must be given. If a roommate leaves without giving at least a months’ notice, the security deposit will be kept to cover the next month’s rent."
Mid Dec she asked if she could move out by Feb 28th, since its 2 months notice I ok'd it & starting posting ads looking for roommates to start Mar 1 and found someone. Then mid Jan she says she's leaving before Jan 31 instead (she paid full month). She suddenly moved out Jan 21st (left dirty dishes/food/comforter) and didn't return the keys. Since she left before our agreed date (Feb 28th), and I need someone to pay Feb rent, I lost the potential roommate that was going to move in Mar 1st. I'm having difficulty finding a new Feb 1st roommate.
According to our agreement, I have the right to keep her deposit to cover February rent as she left without proper notice right? I told her this and she got hostile and texted back saying "in that case I'm keeping the keys to use for Feb since you're using my money to pay for rent."
Can she do this? If I use her deposit to cover her early departure does she still have claim to the apartment? Or since her last rent payment was through Jan 31st, can I use her deposit to cover Feb and request once more for her to return the keys (or change the locks) since she's no longer my roommate as of Jan 31st?
The way I see it is that by not giving the min 30 days notice agreed to in the contract, she owes an additional months rent (Feb), and according to our contract I can deduct rent from her security deposit as it's the same amount.
Does it make a difference whether or not I find a new roommate quickly? If I find a new roommate by mid Feb for example, am I required to return in full or in part the deposit despite the fact that she still broke our agreement?
I'm quite worried of her and her boyfriend being hostile towards me while still having the keys to the apartment when she only has a couple of dirty dishes and expired food in the fridge left over.
If she had given me 30 days notice Dec 31st stating she's planning on leaving Jan 31st then she would've been entitled to her deposit refund. As it is she only gave me about a week and a half's notice which is why I believe I'm in the right based on our Roommate Agreement but would like to be sure. Thanks for your help! :)
She is not on the apartment lease. Before moving in, I emailed her the roommate agreement without personal information filled in and and she agreed to it verbally. The roommate term is from 10/1/18 until 4/30/19. Here is what it says about the deposit: "roommate will pay a mandatory month’s rent deposit to cover damages and/or unexpected departures:"."Each roommate will receive his/her share of the security deposit if and when the landlord returns it after the agreed upon roommate lease term ends." For withdrawing we agreed: "if a roommate decides to move out, a two months’ notice must be given. If a roommate leaves without giving at least a months’ notice, the security deposit will be kept to cover the next month’s rent."
Mid Dec she asked if she could move out by Feb 28th, since its 2 months notice I ok'd it & starting posting ads looking for roommates to start Mar 1 and found someone. Then mid Jan she says she's leaving before Jan 31 instead (she paid full month). She suddenly moved out Jan 21st (left dirty dishes/food/comforter) and didn't return the keys. Since she left before our agreed date (Feb 28th), and I need someone to pay Feb rent, I lost the potential roommate that was going to move in Mar 1st. I'm having difficulty finding a new Feb 1st roommate.
According to our agreement, I have the right to keep her deposit to cover February rent as she left without proper notice right? I told her this and she got hostile and texted back saying "in that case I'm keeping the keys to use for Feb since you're using my money to pay for rent."
Can she do this? If I use her deposit to cover her early departure does she still have claim to the apartment? Or since her last rent payment was through Jan 31st, can I use her deposit to cover Feb and request once more for her to return the keys (or change the locks) since she's no longer my roommate as of Jan 31st?
The way I see it is that by not giving the min 30 days notice agreed to in the contract, she owes an additional months rent (Feb), and according to our contract I can deduct rent from her security deposit as it's the same amount.
Does it make a difference whether or not I find a new roommate quickly? If I find a new roommate by mid Feb for example, am I required to return in full or in part the deposit despite the fact that she still broke our agreement?
I'm quite worried of her and her boyfriend being hostile towards me while still having the keys to the apartment when she only has a couple of dirty dishes and expired food in the fridge left over.
If she had given me 30 days notice Dec 31st stating she's planning on leaving Jan 31st then she would've been entitled to her deposit refund. As it is she only gave me about a week and a half's notice which is why I believe I'm in the right based on our Roommate Agreement but would like to be sure. Thanks for your help! :)
Security Deposits: Roommate Not on Lease, Moved Out Without Sufficient Notice, Wants Deposit Refund
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