My ex-girlfriend and I got an apartment together on August 1st(on lease together), a couple weeks later we split up and I told her I would either takeover the entirity of the lease on my own or she could and I would go elsewhere, she decided to leave. I resigned the same lease, with just my name on it, she paid half of the security deposit when we moved in. Shes demanding I pay her back, I told her I can't pay her back money that she never paid me and that she should go to the person she paid the money to, she insists that I pay her because I am going to get the security deposit at the end and I said okay I can pay you if and when I'm given the security deposit. She said small claims is in order. Thoughts? I feel if it she's not bluffing on that, I would go to a judge and say she didn't pay me the money she's requesting, so how can I refund it?
How much are we talking about?
i know how long these things can drag on and how it can be a huge stress and drain on your time
so the $ amount may help tip the scales on whether this is worth your time.
You will be getting the money back when you move out.
Typically in that instance when she moved out you should have gone to management, had her removed from the lease and refunded her portion of the deposit; at which time you would be required to provide the other half of the deposit they just gave her back.
You could also probably get a notarized quit claim from her for the deposit so she can't double dip and give her back her portion of the deposit.
Odds are good that if you retained the property being leased and the co-occupancy was less than 30 day's (possibly even 6 month's into it) without proof the other party caused damage the judge will order you to refund the deposit.
Sorry I don't blame her I would want my money back too. You now reside there yourself and the security deposit will be solely yours when you move out. Pay her the money and move on
First off I am sorry to hear about the split! I agree with the others, I would probably just pay her, if you don't have the money right now try to work with her and avoid it going to small claims court. Chances are they will side with her since she did pay the deposit and was there such a short time, so if you could avoid it that would be best.
Since the lease is now in your name only, you're responsible for the full security deposit anyway, so it makes sense to give back her share now. You don't know if you'll be there 1 year or 10, so why drag it out? Besides, it's the right thing to do.
@pizza1 @ccquest @KLEXH25 @sxa001 @Jnbmom I wanted to reflect on this, it was my choice to break up, and I've always felt strongly about being civilized in fair in many contexts.. and I told her while I was helping her move her stuff out that I'd pay her half back which is fair. Then a few days later she brought it up and I don't remember exactly what had happened, but I had some fogged judgement and started being unfair about it, I realized quite fast that my judgment was off and I went to the landlords and informed them that I'm going to be refunding them and ironically enought to whoever made the comment about the paper trail, that's exactly what I did, so she didn't double dip. Got a bank check sent off to her no further action required. Funny enough saw the ex at the store two days ago. Live & learn, appreciate everyone's advice as always!