If my roommate won’t give me back the security deposit I paid when I moved in, what steps can I take to get it back?

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If my roommate won’t give me back the security deposit I paid when I moved in, what steps can I take to get it back?

He is saying I owe him money because my girlfriend spent a lot of time with me and says after I pay him for it, he will send me my money, which I am assuming is an attempt to get me to shut up about my deposit.

Asked on June 23, 2012 under Bankruptcy Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your roomate will not return your share of any deposit, you may sue him for its return. One good option is small claims court, where you could act as your own attorney.

While he may, in some circumstances, be able to offset amounts you owe him vs. what he owes you, you would not owe him anything for  your girlfriend's time unless there had actually been some agreement among you that you would pay him something as compensation for her being there. Without such an agreement, one tenant does not owe another any compensation for having a guest.


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