Who do I sue for my deposit, plus additional penalties?

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Who do I sue for my deposit, plus additional penalties?

I moved out of an apartment because of a hostile living situation. My roommate and I were both on the lease and she found a roommate to sign on to the lease for me. When I returned the keys the new roommate wrote out a check and I agreed not to cash it for 2 weeks, allowing her time to receive the deposit from her old place. She called 2 weeks later asking me again to prolong cashing it. I waited over a month from the initial date of moving out and cashed it. The check bounced. Who do I hold liable for the late deposit return (up to a $600 penalty) and for the bad check (up to $1500)?

Asked on July 6, 2012 under Real Estate Law, California

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The only person who is liable to you is the person who wrote you the bad check.  A third party is not liable unless they were intentionally interfering in your agreement-- which is sounds more like the former company was just being difficult, as usual, with the return of a deposit.  You'll need to file a claim in a small claims court to enforce the check that was given to you.


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