cash rent payments, no receipts, LL keeping deposit

[catch32]

I have been living in an apartment (non-stabilized I think) for about 10 months with a roommate who is the primary tenant. He has collected the rent in cash and has not provided any record of payment, like receipts. There is no lease, so there is no written record at all of the amount of rent I paid ($1000.00/month). I gave 30 days notice and am moving out. He is trying to keep my security deposit with no basis to do so. I want to sue him in small claims court to get the security back. Can I win with no written proof of how much I actually paid him in security? I have witnesses (friends) who knew the amount. I have already sent a certified letter demanding past receipts.

[Phil Cohen]

I believe there is a law require landlords to give receipts for cash payments. Even so, you are going to have a heck of a time proving payment.

[jot0n0]

Without proof that LL is holding your security deposit, it would be very difficult to win in small claims court. If I was in your position, I would just not pay the last month rent.