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Hi, if I lived in a house of 7 people, and the lease agreement only allowed 6. I was the only one who did not sign the lease. I paid for part of the deposit. They wont give it back to me now, saying that I cant take anyone to court for over a breached contract. Is this true?
State/Country relating to Question: California Already Tried: Asking them for the deposit..Threatening to take them to small claims court..
False.
If you can prove that you paid a portion of the deposit, then you are entitled to recover your share, assuming that you are leaving the property in the same condition as it was delivered to you. The contract is that you agreed to pay a portion of the deposit as a condition of being permitted to live in the property, and it is entirely fair that it be returned to you, as long as you don't damage the property.
Hope this helps.
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But there was no contract...How do I go and prove that I paid a portion of the deposit? My name isn't on the returned deposit check, I didn't sign the lease. I thought it would be okay, but they are saying that we voided the lease since we went over the maximum limit of people that stayed at the house, and that you can't sue over a voided contract..
In court, evidence is everything. If none of your roommates is willing to testify on your behalf, and you didn't pay with a check, then you cannot carry your burden of proof in court.
Which is too bad, because apparently you have just discoverd that you have 6 enemies, rather than friends.
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