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Message
Roommate backs out and requests deposit back - Legal question...
Posted on 7/2/14 at 4:48 pm
Posted on 7/2/14 at 4:48 pm
My last roommate left out in May for a new job and I went searching for a replacement. Interviewed a couple people and one guy liked it and agreed to it. I never offered a contract for anything, but we met mutually and agreed to some things. He said he would move in July 1.
His room was serving as my guest room. I had to move this stuff to a storage unit, pay for movers and the U-Haul to send it. I used his deposit of $500 to make this work. He gave me the money in cash about three weeks ago and agreed to pay his rent on the first of each month.
Now, he is saying he will be getting transferred to a different location for his job. I used the deposit money for the transfer of furniture. Also, what hurts me, is I stopped advertising the room. He is requesting the $500 back. Do I have to give it back from a legal standpoint?
His room was serving as my guest room. I had to move this stuff to a storage unit, pay for movers and the U-Haul to send it. I used his deposit of $500 to make this work. He gave me the money in cash about three weeks ago and agreed to pay his rent on the first of each month.
Now, he is saying he will be getting transferred to a different location for his job. I used the deposit money for the transfer of furniture. Also, what hurts me, is I stopped advertising the room. He is requesting the $500 back. Do I have to give it back from a legal standpoint?
21
Posted on 7/2/14 at 4:49 pm to House_of Cards
Tell him you applied it to July's rent which became due yesterday.
This post was edited on 7/2/14 at 4:50 pm
Posted on 7/2/14 at 4:50 pm to House_of Cards
quote:Scruffy ain't no lawyer, but he is going to go with yes.
He is requesting the $500 back. Do I have to give it back from a legal standpoint?
Posted on 7/2/14 at 4:51 pm to House_of Cards
It would damn near impossible for him to prove that he gave you 500 if it were in cash. I would refund some of it but I wouldn't give him all of it back if it cost me money to clear the room/get a storage place and I stopped advertisement.
Posted on 7/2/14 at 4:51 pm to House_of Cards
Dudes an idiot for dealing in cash.
Posted on 7/2/14 at 4:53 pm to House_of Cards
Naw baw. It was a deposit to hold the room. You held the room and now he doesn't want it. Or, you could tell him to move all your furniture back and pay the storage fee and he can keep the difference.
Posted on 7/2/14 at 4:55 pm to House_of Cards
quote:
His room was serving as my guest room. I had to move this stuff to a storage unit, pay for movers and the U-Haul to send it.
You would have paid that regardless
quote:
. I used the deposit money for the transfer of furniture.
that's on you.
quote:
He is requesting the $500 back. Do I have to give it back from a legal standpoint?
I would say yes.
Did you sign any paperwork saying it was a non-refundable deposit?
This post was edited on 7/2/14 at 4:56 pm
Posted on 7/2/14 at 4:56 pm to House_of Cards
He paid a deposit for you to hold the room..............you held it.
He is SOL.
Tell him to EAD and move on.
He is SOL.
Tell him to EAD and move on.
Posted on 7/2/14 at 4:58 pm to CBLSU316
quote:
He paid a deposit for you to hold the room..............you held it.
He is SOL.
Tell him to EAD and move on.
In renting a DEPOSIT is expected back after conclusion of the lease.
No lease was signed.
No one moved in.
I have dealt with this before, you can prorate the days he costs you (1/30th of rent per day)
but you can't keep his money.
The law would be on his side.
Also if I stole $500 from someone like that I would expect bad things to come from it.
Posted on 7/2/14 at 4:59 pm to Napoleon
quote:
quote:
He is requesting the $500 back. Do I have to give it back from a legal standpoint?
I would say yes.
From a "legal standpoint" there's basically no chance anyone will do shite to try to "legally" enforce something either way on a verbal cash transaction. At least nobody with any brains.
In other words, it's basically all about who wants to be the dick here. Either split it half way, or whoever keeps the $500, the other needs to buy a few cases of decent beer and/or liquor, or something equivalent.
Posted on 7/2/14 at 4:59 pm to House_of Cards
If I walked up to you on the street and gave you $500 is there any law that requires you to give it back to me?
Just tell him sorry but that was for holding the apartment. If he was worried about losing money he should have dealt in ink.
Just tell him sorry but that was for holding the apartment. If he was worried about losing money he should have dealt in ink.
Posted on 7/2/14 at 5:01 pm to Warfarer
Don't be a dick, you would have had to move the stuff anyways in order to get a roommate in. Your only real additional costs are the storage locker for longer than you needed since you have no tenant, and lost revenue for renting.
You obviously have people interested though since you are turning down applicants. Since you didn't get it in writing though you fricked up.
Ultimately I would give it all back less one month of storage cost. It's not worth getting your car window busted out over since people don't usually take kindly to getting fricked over
You obviously have people interested though since you are turning down applicants. Since you didn't get it in writing though you fricked up.
Ultimately I would give it all back less one month of storage cost. It's not worth getting your car window busted out over since people don't usually take kindly to getting fricked over
Posted on 7/2/14 at 5:01 pm to House_of Cards
After a certain age, you shouldn't have roommates.
Posted on 7/2/14 at 5:02 pm to Napoleon
Wrong..........it depends on if it is the "security" deposit. There are always parts of the deposit that are not refundable.
In this case I would tell him that its non refundable..........EAD.
In this case I would tell him that its non refundable..........EAD.
Posted on 7/2/14 at 5:03 pm to Y.A. Tittle
quote:
From a "legal standpoint" there's basically no chance anyone will do shite to try to "legally" enforce something either way on a verbal cash transaction. At least nobody with any brains.
In other words, it's basically all about who wants to be the dick here. Either split it half way, or whoever keeps the $500, the other needs to buy a few cases of decent beer and/or liquor, or something equivalent.
If there was no contract drawn up, then you are not obligated to give him his money back.
However this quote is right. Basically, its up to you to be dick or not. I rather would give 2/3 of the deposit money and tell him the truth. If he doesn't accept it. Tell him to talk to your lawyer . His own fault for paying in cash with no contract drawn up.
FYI: In the future, dealing with leasing and rent, ALWAYS have contract drawn up! Especially dealing with money.
Posted on 7/2/14 at 5:04 pm to CBLSU316
quote:
there are always parts of the deposit that are non refundable
Valid point, unless of course there aren't.
Posted on 7/2/14 at 5:06 pm to Mizzoufan26
quote:
It's not worth getting your car window busted out over since people don't usually take kindly to getting fricked over
at the least.
$500 is a lot to most people.
If you keep it expect something to happen.
Posted on 7/2/14 at 5:06 pm to CBLSU316
Legally I doubt you are in any danger, but the right thing to do if he truly is unable to stay because of a job and not some other bullshite is to just split it, give him $250 back. I assume you will just charge the next person a $500 deposit as well, no?
Posted on 7/2/14 at 5:09 pm to House_of Cards
also, what I don't get.
A roommate left in May.
In June you move stuff in.
Then in July you have to move it back out?
what is this storage issue?
Obviously if you are renting your guest room you are hard up right now and it's hard to part with $500 when you are hard up, but why the moving of furniture?
Did the last guy not take his stuff? he would be the one paying for the moving then IMO.
A roommate left in May.
In June you move stuff in.
Then in July you have to move it back out?
what is this storage issue?
Obviously if you are renting your guest room you are hard up right now and it's hard to part with $500 when you are hard up, but why the moving of furniture?
Did the last guy not take his stuff? he would be the one paying for the moving then IMO.
Posted on 7/2/14 at 5:12 pm to ULSU
quote:
I assume you will just charge the next person a $500 deposit as well, no?
Yes. But that deposit is done for potential damages to the house. What hurts the most is we are now in July. I stopped advertising for it. So, I am pretty much out for this month. I can see if the others who were seeking are still interested and be more official with the next one.
I have never really been burned before financially, so it is a rather new experience. I will see what he has to say after he gets back with me. I agree with splitting it back with him and see if we can agree to that.
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