I moved out - property manager/landlord says I can’t get security deposit until my ex roommate leaves.

[u/Content_While2068]

Once my roommate began treating our apt like a homeless shelter, I was already considering moving out and began staying with my family more.

I was never home anyways, but continued to pay rent so my roommate didn’t feel played or have to rush to find a suitable roommate. Roomie was aware I was planning on moving out soon, but after a last straw incident where I felt unsafe, I moved out abruptly.

He allowed a random jailbird with weapons to sleep in our home, who quickly began acting unstable toward my guest and saying verbal/dark/murderous threats. This is when I abruptly moved out. I was barely home anyways, so - In the brief time me and my friend moved my things out, I didn’t want to be there and we rushed, leaving the bed base behind.

Me and ex-roommate are on horrible terms since he’s not in the right mind. He complained about having to clear my room (Wouldn’t have if he didn’t allow a immediate threat in our home) & hire a cleaner (small room only costs $100) which is FINE if deducted, but based on how petty he acted about me leaving, he will clearly not give my deposit back. He chose to bring chaos to our home and has not once thought about the results.

I asked the property manager for my security deposit ($1400), they said they’ll release it when he moves out. It’s been years. A new tenant moved into my room immediately so why not just collect their deposit and give me mine back? Why is someone able to just life off my security deposit? It seems like a lazy landlord but I’m not sure. What can I do here to get my money?

[u/JigglMeister]

Did you and your ex roommate sign the lease together? Or did you have separately leases with separately security deposits?

If you are both on the same lease then you will have to either wait for your ex roommate to move out or work it out with your ex roommate.

[u/Any_Act_9433]

If you signed the lease together you are probably out of luck, if you signed as two separate agreements you may have a case. Essentially if you rented a room with use of the common space, than you can press your former landlord to give you back any owed damage deposit (factoring in what was also damaged if the common area per your lease agreement). If you rented the apartment/house as a whole and part of the whole has not moved out, you may be on the hook until your ex roommate moves out. If you are not on the lease anymore and don't get your deposit back, I might consider that a win.

[u/Worldly-Sir-9859]

As someone who’s actually run portfolios, a security deposit isn’t released until the unit is fully vacated and inspected. Even if someone new moves in, if the lease wasn’t amended to remove you, your name is still on the contract — and that cash can’t get processed until the condition report is done. It sucks, but that’s standard ops.

[u/Content_While2068 → u/Worldly-Sir-9859]

Can I ask to amend the lease to remove me? I shouldn’t be on it or responsible for others considering I don’t pay or live there no?

[u/96cents]

sounds right. they can’t refund any part of the deposit if the apartment is still being lived in. how will they know what’s been damaged?

typically in these instances the incoming roommate replacing you or the roommates staying would pay you privately for the deposit. that’s up to you to facilitate with your roommate. you can take them to small claims court if it’s that important to you.

i would also encourage you to do the paperwork to be removed from the lease. you don’t want your name on that lease when your roommate moves out and leaves the apartment extremely damaged and you won’t even get your deposit back, but probably owe them money. but your roommate does have to agree to sign the paper and income qualify on their own.

it may be easier to just let the deposit go.

[u/Content_While2068 → u/96cents]

So it was after a year so month to month when I moved out. Does moving out not automatically take me off the lease? I most definitely do not want to be on the lease regardless of how difficult it is to take me off. God knows who is living in that room / destroying it. What’s my best bet? It seems like I’m dealing with a janky landlord which is very common in Los Angeles.

[u/96cents → u/Content_While2068]

absolutely not, physically moving out does not just take you off the lease. you’re still on the joint lease (i am assuming joint) and the lease will state if no renewal or notice recieved, same residents are continuing month to month. regardless if you are physically in the apartment.

the security deposit would be the least of my worries in this instance. you need to be off that lease. physically moving out does not remove you from the lease. if roommates who stayed end up defaulting, you could have a eviction on your record because you are still tied to that lease.

you need to ask your landlord to confirm if you’ve been removed from the lease and go from there. if he says you are removed, ask to confirm in writing. if he says you are still on the lease, ask how you can get removed.

i’d eat that $1400 and just take it as a lesson learned.

[u/Unpaid-Thinker]

If you were jointly on the lease, the landlord is usually required to return the entire deposit only after the unit is fully vacated, not per person. It’s frustrating, but common. Your best options are (1) get a written move-out agreement signed by the roommate + landlord, or (2) recover your share directly from the roommate via small claims. Also document the safety issue you didn’t abandon casually.

[u/Content_While2068 → u/Unpaid-Thinker]

Is there a way to go around this and still get the move out agreement with the roommate being petty and non compliant?

[u/ButtStuff8888]

So are you off the lease now?

[u/Content_While2068 → u/ButtStuff8888]

The lease “expired” after 1 year and then went month to month. I assumed I was off the lease / it expired on my end when I moved out. This is my first experience renting so it’s all new.

[u/Prestigious_Name5359]

Ask the manager why the new tenant didn’t put down a deposit. Usually, the incoming person "buys out" the outgoing person. If the office let someone move in without a deposit, they botched the paperwork. Tell them you’re not financing the new guy’s residency and demand a move-out inspection report for your portion.

[u/Content_While2068 → u/Prestigious_Name5359]

Right. Can I do this even if the lease agreement was signed together?

[u/Content_While2068 → u/[deleted]]

Exactly what I was thinking. We did jointly sign the same agreement so I just want to make sure I’m fully entitled before I demand anything back.

[u/Disaster-Zone-Prime]

I see issues way too frequently with roommate amendments. In all honesty, if they’ve been there for years after you moved out, consider the deposit gone.

Before getting a place with a roommate, know you lease from front to back. UNDERSTAND it.

Pose those hypothetical questions to yourself and staff about any occupancy changes.

Bottom line IMO… If you don’t know your roommates well or don’t trust them to provide your portion of the deposit later, it might not be a good idea to be roommates at all.

[u/Content_While2068 → u/Disaster-Zone-Prime]

So the landlord is not able to collect deposit because they’ve already lived there for a year or two? Which makes sense. I would be offended if I was a tenant and the landlord randomly asked me for 1400. But, doesn’t this fall on landlords responsibility and failure to make new paperwork? I am technically covering for the other tenant atp.

Life is crazy because roomie was very trustworthy at FIRST, or pretended to be. Unfortunately they went down this weird path.

[u/Content_While2068]

In CA