Enter Your Situation

The full amount you gave your roommate for the deposit
If roommate returned any portion, enter it here
How many days has it been since you vacated?
This affects which legal theories apply to your situation
Proper notice strengthens your claim significantly
Be honest - legitimate damage deductions are valid
Lack of itemization strengthens your claim
Any written or email agreement about the deposit terms
Proof you actually paid the deposit to roommate
Messages discussing the deposit or its return
Photos showing the condition when you left

Your Claim Summary

Deposit Paid to Roommate $0
Amount Returned $0
Legitimate Damages $0
Days Since Move-Out -
Itemization Provided -
Evidence Strength -
Estimated Recovery Amount
$0

Recommended Steps

Important: Roommate vs. Landlord Claims

Understanding Roommate Deposit Disputes

Key difference from landlord claims: California Civil Code 1950.5 (the security deposit law) typically applies to landlord-tenant relationships, not roommate-to-roommate situations.

What applies instead: Contract law (breach of agreement), unjust enrichment (they're keeping money that belongs to you), and conversion (wrongful withholding of your property).

Small Claims Court: This is usually the best option for roommate deposit disputes. The limit is $12,500 in California, and you don't need a lawyer.

Evidence matters more: Without statutory protections, your written agreements and payment proof become crucial.

Tips for Roommate Deposit Recovery

1 Gather Written Agreements

Any written agreement - even informal emails or texts - about the deposit creates a contract. Look through your messages for any discussion of deposit terms, amount, or return conditions.

2 Preserve Text Message Evidence

Screenshot all text conversations about the deposit. Include messages where roommate acknowledged receiving money, promised to return it, or gave reasons for keeping it. Courts accept text messages as evidence.

3 Document Payment Records

Venmo, Zelle, bank transfers, or even cashed checks prove you paid. Get screenshots or statements showing the transfer to your roommate with any notes that mention "deposit."

4 Take/Gather Move-Out Photos

If you have photos showing the condition of your space when you left, these counter any false damage claims. Even photos from during your tenancy help establish you maintained the space.

5 Send a Demand Letter First

Before filing in small claims, send a written demand letter. This often resolves disputes without court, and judges like to see you tried to resolve it first. Keep proof you sent it.

6 Know the Small Claims Process

Small claims court costs $30-$75 to file. You present your case to a judge, show your evidence, and typically get a decision that day. No lawyer needed.

Ready to Take Action?

Start with a professional demand letter to your roommate before considering small claims court.

View Demand Letter Templates