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Can I be sued in small claims court if my former roommate claims I am withholding his deposit though I've attempted to return it
Anonymous4 views4 answers
I have an apartment in NYC and have relocated to WA state to care for my father. I had a roommate move out and gave me a forwarding address to send his security deposit. Myself and another roommate have attempted to confirm his forwarding address before I send a large sum of money and he has refused and ignored all of our attempt to communicate with him for the address now his father who lives in Michigan is threatening to contact their lawyer in Michigan to sue me for it, even though I have tried to return it to him. What should I do? He actually owes me back rent and his check for the back rent bounced and it stipulates in our sub-lease agreement between us that if he owes any rent or utilities, it will be deducted from his rent deposit. Please advise thank you.
Nicole Lee CiufiWills and Living Wills LawyerNew York, NY ·
How much does he owe in back rent?
How much was the deposit?
If the amounts are the same, and you have proof of the bounced check, then you are no longer required to return the deposit, as per the terms of your signed sublease agreement.
If the amounts differ, and there is a balance remaining on the security deposit after you deduct the back rent charges, you are required to return the remaining amount.
Since he is not responding to you, I would send an email or a certified letter stating that he is owed X amount, and request an address where you can forward the payment. You can also offer to wire him the money or deposit it into his bank account. If you have already done this, make sure to save copies of your correspondence.
If you are in communication with the father, perhaps you can obtain the forwarding address through him.
In the event you find an address, send the check and he still files suit against you for the amount, you can simply request summary judgment (a request to have the case dismissed) by asserting the affirmative defense known as "Payment and Discharge." This notifies the court that you have already satisfied the payment. You will be required to attach a copy of the check as proof.
I hope this sufficiently answers your question. Good luck!
Richard J. ChertockReal Estate AttorneyMelville, NY ·
Yes you can be sued. Trying to return the security deposit is not a defense. The agreement you have that the security can be used to offset back rent may not be enforceable as being against public policy. Generally, security is supposed to used for repair of damages to the apartment by the tenant. You can bring suit against your former tenant for the back rent, or if you are sued for the security you can counterclaim for the back rent and show the agreement as well. It may hold up.
Can you be sued? Sure, anyone can sue for anything. The bigger question is would that be successful. Mr. Chertock adequately outlines your situation so there's not much more to add here. Follow his advice and either contact him or another attorney you can find here on for specific, individual advice.
