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Roommate/landlord Dispute Over Lease Termination And Deposit Refund (contract Law) – Need Advice [on, Ca]

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I need some advice regarding a tricky situation with my “landlord,” who is actually my roommate. Here’s what happened:

I rented a bedroom in a townhouse, sharing the space (including the kitchen) with the landlord and other tenants. The lease stated no smoking was allowed indoors.

When I moved in, the landlord was traveling. From the first day, I noticed one of the roommates was vaping and smoking marijuana indoors every day. I couldn’t tolerate the smell and decided to move out early.

When the landlord returned in mid-May, I informed her of the situation and my decision to move out by the end of May. She reacted to the marijuana use because she disliked the smell, but seemed aware of the vaping and did nothing about it. She initially told me I would lose my last month’s rent deposit ($1,200) if I moved out early.

I contacted the Landlord and Tenant’s Board and learned they don’t handle roommate issues. Next, I reached out to a local legal clinic. They initially told me:

1. Since we share the kitchen, it’s a roommate situation. 2. Our agreement is month-to-month, voiding the lease. 

Based on this, they said the landlord should return my deposit even if I moved out early. However, my landlord consulted her lawyer friend and claimed that as the property owner, she could keep the deposit if she suffers a loss.

At first, she refused to refund anything, but later offered to refund $200, saying if I disagreed, I could file a claim.

I visited the legal clinic again and was told my situation is complex and involves Contract Law. They said I might need to hire an attorney to study the law and precedents if I wanted to pursue a civil court claim.

My questions are:

1. Do I have grounds to get my full deposit back? 2. If I accept the $200 partial refund, can I still file a claim for the remaining $1,000, or does accepting it mean I’ve settled? 

We’re still on good terms, and she softened a bit recently. On May 31st, she mentioned she would refund the full deposit if she could lease the room in June. I even offered to help her list the room on various platforms. She mentioned she had paid a $600 commission to a realtor previously and was concerned she might not find a new tenant in time.

Any advice would be greatly appreciated!

submitted by /u/Substantial-Ad-5999
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