Re: Ask DrewDevil your legal questions
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Hey DrewDevil, you're quite awesome for making this thread
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Oh please, call me CAPTAIN Awesome.
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So I was planning on living with two guys, lets name them A and B. The deposit for this place is 1000, so we split it 3 ways.
We all paid the deposit, but only Person A and I signed the deposit slip. We never made any contracts with each other FYI
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What do you mean by "deposit slip" ? What did the "deposit slip" say?
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Both A and B bailed out on me and did not help me find new roommates. I eventually found new roommates over the summer, signed the lease with the new roomates (3 new ones) and took 250 from each of them.
I assumed that because A and B bailed out, I got to keep their 666.66 dollars.
So now Person A comes up to me asking for the deposit back.
Do I legally have to give it back without ever signing or saying that I would?
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What did you do with the $500, just pocket it? What happens to the $1000 deposit when you and the 2 new guys move out? Presumably, they get their $500 back and you get the other $500.
So it's possible he could claim "unjust enrichment," because at the end of the day, you paid $333 and you will get $500 back. Legally speaking, he may have a claim for half of the unjust enrichment, or $83.33.
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If I were taken to small claims court, would I hold up knowing he had no proof I had to pay him back?
What about person B? He hasn't even talked to me since bailing.
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Practically speaking though, no one's going to sue you over $83.33 (or even the $333.33 he thinks he deserves).
I'd say give Person A $83.33 in pennies and tell him to piss off.
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