Roommate issues...?

Question

My roommate and I had no contract. Ever. He lived in the apartment for 6 months, and was subleasing from me. He paid $415 as a deposit when he moved in. He has ruined my bathroom door (punched it), two window screens (his gf tried to break in), and spray painted my patio and screen, as well as a little tag by his bedroom door. Needless to say, that $415 barely covers his damages. But he's claiming because there's no contract, I have to give him back his money.

But I think that because there is no contract, I don't have to give him back his money. Right?

Answer 1

Give him written notice; he has 15 or 30 days to come get his c**p. scheduled.

he doesn't show put it at the curb.

don't return any funds to him, and take pictures of the damage, just in case the law does get involved. technically he owes you more but if he's gone already, its up to you to pursue it further.

ALSO change the locks..

good luck

Answer 2

you can give them 30 days to get out do not take anymore money from this guy but lf he doesn`t leave within 30 days call the police to remove him from your property and show the police the damages that were done

Answer 3

He is wrong. If there was no written contract, then he is your month to month tenant by default. His tenancy is governed by your state's landlord tenant laws.

He owes you whatever the actual costs to repair the damages caused by him.

Take pictures of the damages in case you need to go to court over this. You will need proof to present to the judge.

You cannot just keep his money. You need to send (certified mail return receipt required) him an accounting of his security deposit per your state's laws. Generally, it is within 30 days of moving out, but check, as it varies from state to state.

If the cost to repair the damages is above and beyond the security deposit, you send the accounting showing a balance due. If he fails to pay it, sue him in Small Claims court.

Answer 4

No, you don't have to give him anything back.  He made damages, which is exactly what the deposit is for.  If he didn't think a deposit was fair, he never should have given it to you in the first place.

In fact, you should take him to small claims court to recoup your full costs, not just the $415, but all the costs you incur to fix the damages.  Small claims court is painless, and you could get your money back.

Think about it -- if you had a visitor come over to your house, and he/she punched a hole in your door, spray painted your patio and screen, and did damage, would you just say, well, I have no contract with my visitor, so he/she isn't responsible?

No.  It is the same thing.  Your friend did damage to your house, and he needs to pay.