Q: I moved out of my apt and my roommate is doing a lease takeover, how do I go about getting my security deposit back?
I have moved out of an apartment 1 month before the lease ends and my roommate is doing a lease takeover for the final month. The landlord sent a contract for the lease takeover but it doesn't say anything about me getting my security deposit back. My roommate is already using both bedrooms and I don't want to be liable for any damage they may have caused.
How would I go about getting my security deposit? Can I add an edit to the lease takeover? Should I contact the landlord? I am worried I will somehow be held liable for their
A:
Under California law, when a tenant moves out, the landlord must return the security deposit within 21 days after the tenant has vacated the property and returned the keys. In your situation, there are a few steps you should take to ensure you get your security deposit back and are not held liable for any damages caused by your roommate:
1. Contact your landlord: Inform your landlord in writing that you have moved out and request the return of your security deposit. Provide them with your new address for mailing the deposit.
2. Document the condition of the apartment: Before moving out, take photos and videos of the apartment's condition to prove that you left it in good shape. This will help protect you if your roommate causes any damage after you leave.
3. Request an amendment to the lease takeover agreement: Ask your landlord to include a clause in the lease takeover agreement stating that you are no longer responsible for the apartment and that your security deposit will be returned to you. The agreement should also specify that your roommate is now solely responsible for any damages or unpaid rent.
4. Obtain written confirmation: Once your landlord agrees to return your security deposit and release you from liability, get this in writing, either as an amendment to the lease takeover agreement or as a separate document.
If your landlord does not return your security deposit within 21 days or provides an itemized statement of deductions, you may need to take legal action. You can file a complaint with the California Department of Consumer Affairs or consider taking your landlord to small claims court.
Remember, it's essential to communicate with your landlord in writing and keep copies of all correspondence to protect your rights as a tenant.
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