Suing Roommates for stolen security Deposit

[manderin]

A few years ago when I moved out from my rental I was very ill in the hospital so I wasn't around to collect my security deposit. I left the hospital and met with one of my roommates he told me that they had to spend my security deposit on "repairs" to my old room. When I asked what repairs he was very vague saying "Oh you know nail holes and paint and stuff". "It took almost a thousand dollars to fill a few nail holes and paint the room??" I said. "Who are you kidding???" Not only that. But he then tells me that the landlord didn't fix the apartment that HE did it himself with materials he bought at home depot. He claimed that he did this to do ME a favor because the landlord would've charged more than my security deposit to fix the damages. This didn't make sense to me. When I asked for the receipts proving what he spent at home depot he said he didn't have the receipts anymore. I knew I had been robbed of my deposit by my roommate who used it to spend on perhaps prettying up the whole apartment the way he liked.

I didn't sue right away because I didn't know how to prove he was lying. Now 5 years later I think I can prove it. Is it too late to sue my roommate in small claims court for this issue?

[TenantNet]

The question is who was the prime tenant? Were you on the lease? Or were you an occupant/roommate with the other person being the prime tenant on the lease.

The answer to that will determine if you were the tenant to the landlord, or if you were the subtenant to the prime tenants. And that will determine who has the obligation to return the money to you. You should also be ready to prove taht you paid the money in the first place.

In NYS, the statute of limitations is six years, so you had better hurry. In NYC, you would likely pursue this in Small Claims Court.

[manderin]

We were both on the lease and the landlord is a management company... so not an actual person. Since I wasn't there to collect my deposit it seems my roommates just used my deposit to pay for their own stuff. They claimed that they had the management company send someone up to make a damages report, but recently (after 5 years) I got word from the management company that no such thing ever happened.

[TenantNet]

If you were both on the lease, the LL is obligated to return the deposit to the tenant(s). Theoretically, the LL is obligated to return the deposit to both of you, but it could also depend on how it was given. If you both lumped the money together and paid the LL the deposit, then his giving the money to one or the other would probably pass muster.

You might want to verify how the LL gave the money back to your roommate. Was it in cash, MO or check? To whom was it maid out to? Problem is you have five years and it might be difficult to get the LL to produce documents.

If the LL denies there were any damages, try to get that on paper.

[manderin]

We were both on the lease but he was already living in the apartment when I moved in and I was added to the lease later. Are you saying that the landlord/management company should have given me the deposit directly and not to my roommate? I really think I should sue my roommate and not the management company because it was my roommate that took the money.

[TenantNet]

I think that's a grey area, but not likely to get you anywhere.

When you moved in, did you pay your deposit to the LL, or to the roommate?

[manderin]

I don't remember who I paid it to to be honest. But the management company requires a deposit so I imagine I paid it to the landlord.

[TenantNet]

Not necessarily. If the roommate was living there when you moved in, he likely had paid to the LL the complete deposit. You could have paid to the roommate your share. This is one of those little details you need to have correct information on.

[manderin]

Thanks! This is all really helpful. I'm going to see what information I can get from the landlord on all of this. It's a management company so they should still have the records. ... I hope.

[Cranky Tenant]

Five years is a long time to wait and there could be a six year statue of limitations on this. If you're thinking of suing you better do it soon.