Q: I live in Los Angeles California, my former roommate lost my dog. Can I legally keep his deposit?
He was told repeatedly to keep the fence close because my dog would get out. He left it open multiple times and my dog has been missing for two months. I have had that dog for 10 years.
A: Depends on the terms of the lease, but the deposit is usually for the landlord's protection, not roommates. Your damages are the fair market value of a 10 year old dog, if you want to sue in Small Claims.
A:
Deposits for residential rentals are for purposed specified in the Civil Code. Since you leased to your roommate and held the deposit instead of handing it over to the LL, you stepped into the shoes of a LL. If you use a security deposit of something other than what is allowed by statute, you could be liable for double damages and attorney's fees. You could also be charged with embezzlement- wrongful withholding of money you acquired legally.
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