Roommate Left and Took the Deposit: What You Can Do
Before lease ends -- Start with Step 1 below.
Most important first step: Understand who legally owned the deposit
Step-by-Step Action Plan
Understand who legally owned the deposit
The deposit belongs to whoever paid it -- and if multiple people paid, it belongs to all of them jointly. Check your original receipts and bank records to determine who paid and in what amounts. This determines who has a legal claim.
Determine if all names were on the lease
If all roommates were on the lease and paid the deposit together, the deposit is a joint asset and you have a legal claim to your share. If only one name was on the lease and paid the deposit, the situation is more complicated -- but you may still have a claim based on your contribution.
Document that the roommate received the deposit
Gather any bank records showing the deposit funds went to your roommate, texts or emails where they acknowledged receiving it, or any written agreement about splitting the deposit. This documentation is your evidence in court.
File in small claims against the former roommate
This claim is against your roommate, not your landlord. Your roommate received money that was partly yours and must return your share. File in small claims court in the county where they live or where the property is located.
Tip: Small claims limits vary by state -- typically $5,000 to $10,000. Security deposits are usually well within this range.
Have a written roommate agreement going forward
For future rentals, a written roommate agreement that specifies who paid the deposit and how it will be divided at move-out is the best protection. Many disputes like this arise from unclear verbal arrangements.
Frequently Asked Questions
What if the roommate is not returning my calls?
You don't need their cooperation to file in small claims. You need their current address to serve them with the lawsuit. Check their social media, mutual friends, or prior records you have for their contact information.
Can I sue in small claims against a former roommate?
Yes. Small claims court handles disputes between individuals, including former roommates. You'll need to serve them with the summons and have documentation of their receipt of the deposit and your contribution.
What if the landlord is still holding the deposit and the roommate just kept the money separately?
If the landlord still has the deposit, your dispute is with whoever is going to receive it when the lease ends -- either your landlord or your roommate. Clarify with your landlord in writing how the deposit will be disbursed.
How do I prove I paid part of the deposit?
Bank records, checks, Venmo or Zelle transaction records, or any written confirmation that you contributed are all valid evidence. Even a text message saying 'here's my half of the deposit' followed by a payment record can be sufficient.
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