Q: Roomate will not return security deposit
I found this roomate through craigslist and have sharing a room with her for a month. We decided to split the room and I payed her a $300 security deposit when I moved in. She agreed to return the money once I moved out ( I had her sign a personal agreement between us to return it as long as there was no damage.) I have given her months notice that I want to move out due to her keeping me up at night. She has sex with random guys, her cat meows all night, and she smokes in the room when I have work early in the morning. When I confront her she just nods her head, says ok then does it again two days later. The apartment complex does not know Im living there, and she says she wont give me my deposit back until I find someone else. I have found a bunch of people who are interested in splitting the room but she doesnt like any of them. What are my options if she doesnt return the security deposit check? What are my chances of winning in small claims court?
A: Absent your former roommate agreeing to return the deposit, your only option is small claims court. Your local courthouse has a lot of resources for small claims (link to CO court webpage: http://www.intotolegal.com/upcoming%20Events/Forms.html ). There is not enough information to given a full assessment of your claim, but if you have a valid (written and signed) agreement and have complied with the terms of the agreement, you have a creditable claim. Here is another helpful link: https://www.courts.state.co.us/Forms/SubCategory.cfm?Category=Small .
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