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Roommate Won't Give back Security Deposit- Pls Help-

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Roommate Won't Give back Security Deposit- Pls Help-

Postby godivafilm » Fri Feb 02, 2007 3:23 am

This is the situation:

My boyfriend had a signed agreement with his roommate (me as a witness)- what the rent was, and how much the security was and that it would be returned in full at the end of his stay. The stay was open ended because he only stayed there for a few months while we looked for a condo. My BF had moved down to Fl to be with me (I was at my parents).

Upon entering the agreement- the roommate had asked for $750 upfront for the rent for two months. No problem. Then he later asked for $750 deposit when we arrived at the apt.

My Bf told the roommate that he would be out a little bit past the first in Feb. The rent is due the 15th of each month. My Bf paid in advance as the roommate requested.The roommate said if he was out a few days into Feb then he would get his deposit of 750 and 150 back from rent. Total of 900.

Tuesday he told my BF that he meant Wed Jan 31st at Midnight then he can have the full 900 back that night. So even though we barely got the keys and the condo carpet was wet, we moved my BF into the new condo (before I could move in this weekend). So then after that, we went to the apt to get the 900. He was not there. We tried calling his cell. Was disconnected.

We waited and then finally he showed up. My BF asked if he could get the money and he will return the key.

The roommate then said it was late he would get it the next day. He danced around the subject and I told him the banks close at 5. I repeated it many times. I told him we would like to meet him before 5 so that way if there were any problems we could go to the bank. He said he wasnt stupid that he knew what time the banks closed at. He also told me to stay out of it because I wasnt involved. I answered that because my name is on the agreement and the money indirectly affects me that it was my business. We tried to set aside a specific time, and he said that he would just call my BF. So we left.

So my BF waited, and finally I called the "secret" house line that the roommate had that he didnt think we had the number for.He answered and I hung up. He was home. I told my BF to go over. he went over, He tried his key and the locks had been changed. My BF tried the apt phone number that no one is supposed to know about. No answer (and I had called 20 minutes earlier). He finally called my BF from a "friends phone"- unregistered number. He said he would come to our new place with money. I told my BF no that I dont want him knowing where we live and that to meet him in public. The roommate said he would call back. He called hours later saying that when I had been there the night before with my BF trying to get the money that I had leaned against the cheap pool table that he has on blank CD's and that the plastic leg broke. I did lean against the pool table. I looked down to see that the leg was still on the cheap CD's. So he then told my BF to go and get this leg and he would give the money.

The time is unspecified for tomorrow. He said he will call my BF.

So this is what we have:

- Written agreement of terms of rent and security deposit return. 3 Names are on it (theirs and mine as the witness).

- Verbal agreement about the 150 return if my BF (originally had been a few days into Feb but ended up being Jan 31st because supposedly that is what the roommate "recanted".

- Pictures of the room condition when my BF had left the appt and pictures of the messy kitchen and lifestyle of the roommate.

This is Ambiguous parts:

- Cell phone suddenly disconnected the day of.

- Cant get ahold of him, he wants to call my BF instead.

- The lease is in the roommate's father's name which we just discovered.

- The roommate does not work but somehow gets money.


So what can we do- what are our entitlements?

I am trying to find out the father's phone number in NY and call him and tell him whats up and that he should know since its technically his lease.

So what can we do- whats everyone's advice?

I plan on going wth my BF tomorrow if the b@st@rd DOES call and take pictures of the supposed broken leg of the pool table, and also the way they are set on the blank CD's.

Besides that- what can we do???

Advice pls!!! Please email me through the forums and post here- I will check as I dont know what to do. Pls help :(
Posts: 1
Joined: Fri Feb 02, 2007 3:17 am

Postby thereasonimmad » Fri Feb 02, 2007 6:20 pm

You know what I hate the most about people like that?, they want to talk to "the guy" of the house, not the girl, it makes me so mad !!! why do they want to deal "between men", is it because they are scared of us?. In any case, I think you got a pretty strong case to get your money back , you got pictures, a written agreement and record of all the times you have had to call the guy to ask for your money .

Since you don't say where this is taking place I can only advice you to read the landlord -tenant manual from the goverment on your city there is a set amount of time the landlord is supposed to hold your security deposit, after that you can start taking legal action, in some places there are free legal consultations, so I would strongly recommend to start a serious internet search.

The Pool table thing sounds like desperation to me, the guy probably doesn't have the money and instead of asking you for time he is trying to not have to pay at all. From my point of view you should find out your laws and sue him as soon as you can. I recommend you to try to send an email to the "landlord" of this forum Tenantnet he/she is very smart you want his/her opinion.
Posts: 7
Joined: Thu Jan 18, 2007 6:32 pm

Postby cestmoi123 » Sun Feb 04, 2007 12:50 pm

At the end of the day, the only way to get the $ back would be to sue, and then try to collect. If he really doesn't have the $, then collecting is likely to be futile. Basically, someone who doesn't have property you can attach is pretty much protected from lawsuits, especially for the relatively small sum of $900 (no lawyer would take on this case, not worth his/her time).

You can hound the guy, but if he flat-out refuses to return the $, there may not be a lot you can do without spending $3-4k to recover $900.

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