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getting a deposit back on a sublet

Posted by Theresa on March 02, 2001 at 19:39:12:

I sublet an apartment--the woman I sublet from said it was "legal" for 6 months, but between us we were staying a few months longer. She said she notified the landlord. One month before the end of the 6 months she called to tell us she had been evicted because we were subleasing (she was in CA)--basically she said the landlord was on to her because we brought in too much stuff. Througout the 30 days she said she would return our deposit (I'm sure we paid much more than she did) when we moved out and even emailed us a note saying that. Well, we moved out and now she is claiming that her losing the apartment is a "damage/loss," and she refuses to give the deposit back. We have a sublease agreement saying the deposit was for damages. I realize now I was very naive because she typed up the lease but didn't sign it. Now she is in CA, and I don't think I can even take her to Small Claims Court because she is out of state. Help!!

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