Roommate Deposit Calculator

Important: Roommate vs. Landlord Disputes

This situation is different from a landlord dispute. When you pay a deposit to a roommate or master tenant (not the property owner/landlord), different rules apply:

No statutory 2x penalty - The California Civil Code 1950.5 bad faith penalty only applies to landlords, not roommates
No mandatory 21-day deadline - This is a landlord-specific requirement under state law
Contract law applies - Your agreement (written or oral) determines the terms
Small claims court - Usually your best remedy for amounts up to $12,500

Step 1: Your Situation

Who did you pay the deposit to?

Master Tenant / Primary Leaseholder They hold the main lease with the landlord and sublet to you

Co-Tenant / Roommate You're both on the same lease, but they collected your deposit share

Previous Tenant (Lease Takeover) You paid them to take over their spot and deposit

What type of agreement did you have?

Written Agreement / Sublease Signed document specifying deposit terms and conditions

Text Messages / Emails Only Digital communications discussing the deposit arrangement

Verbal / Oral Agreement Spoken agreement with no written documentation

Step 2: Deposit Details

Deposit Amount Paid ($) Total deposit you paid to the roommate

Amount Already Returned ($) Any portion already given back to you

Move-Out Date

Months You Lived There Approximate length of your tenancy

Step 3: Claimed Deductions

Amount Roommate Claims for Deductions ($) Total they say they're keeping for damages, cleaning, utilities, etc.

Reasons given for deductions (check all claimed)

Cleaning costs Must be beyond normal wear and cleaning you already did

Property damage Actual damage beyond normal wear and tear

Unpaid utilities Outstanding utility bills from your tenancy

Unpaid rent Rent they claim you didn't pay

Other / Vague reasons Unspecified or unclear deductions

No explanation given They refuse to explain or won't respond

Amount You Believe is Wrongly Withheld ($) How much of the deductions do you dispute as unreasonable?

Step 4: Documentation You Have

Check all documentation you can provide (strengthens your case)

Proof of deposit payment Bank transfer, Venmo/Zelle record, check, or receipt

Written agreement or sublease Signed document with deposit terms

Text messages or emails about deposit Communications discussing the deposit arrangement

Move-in/move-out photos Photos documenting condition of the space

Written demand already sent Letter or message formally requesting return

Witness to condition or agreement Someone who can verify the arrangement or condition

Your Roommate Deposit Claim

Deposit Paid $0

Amount Already Returned $0

Amount Still Owed $0

Their Claimed Deductions $0

Disputed Amount $0

Days Since Move-Out -

Amount to Claim in Small Claims

No Statutory Penalty Available

Unlike landlord disputes, California's 2x "bad faith" penalty under Civil Code 1950.5 does not apply to roommate or master tenant situations. You can only recover the actual deposit amount owed, not punitive damages.

Case Strength Assessment

Documentation to Gather

Recommended Next Steps

Key Legal Points for Roommate Deposits

Issue	Landlord (Civil Code 1950.5)	Roommate/Master Tenant
Return Deadline	21 days (mandatory)	Per agreement, or "reasonable time"
Bad Faith Penalty	Up to 2x deposit	Not available
Itemized Statement	Required by law	Not required (but helpful)
Legal Basis	California Civil Code	Contract law / breach of agreement
Remedy	Small claims or civil court	Small claims court (up to $12,500)

California Small Claims - Maximum $12,500 for individuals, filing fee $30-$75

Contract Law - Written or oral agreements are enforceable if terms can be proven

Burden of Proof - You must prove: (1) you paid, (2) amount paid, (3) terms of return

Understanding Your Rights

Master Tenant Responsibilities

A master tenant who collects a deposit from you takes on certain responsibilities:

They must return your deposit according to your agreement
They can only deduct for legitimate damages you caused
They cannot keep your deposit simply because the landlord kept theirs
If no agreement on deductions, only "reasonable" deductions are allowed

What Makes Deductions "Reasonable"?

Reasonable: Actual damage beyond normal wear, unpaid agreed-upon amounts
Unreasonable: Normal wear and tear, pre-existing conditions, vague claims without proof
A judge will evaluate based on documentation and reasonableness

Written vs. Oral Agreements

Both are legally enforceable, but they differ in provability:

Written: Clear terms, easy to prove, strongest case
Text/Email: Often sufficient to prove key terms
Oral: Enforceable but harder to prove - need corroborating evidence

Need to Send a Demand Letter?

A written demand is often the first step before small claims court. It shows you're serious and creates documentation.

View Demand Letter Templates

Important: Roommate vs. Landlord Disputes

Step 1: Your Situation

Step 2: Deposit Details

Step 3: Claimed Deductions

Step 4: Documentation You Have

Your Roommate Deposit Claim

No Statutory Penalty Available

Case Strength Assessment

Documentation to Gather

Recommended Next Steps

Key Legal Points for Roommate Deposits

Understanding Your Rights

Master Tenant Responsibilities

What Makes Deductions "Reasonable"?

Written vs. Oral Agreements

Need to Send a Demand Letter?

Related Demand Letters