It’s more common than you think: Landlords refusing to give back a deposit after moving out of a property.

So, what are your rights as a tenant in a situation like this? NBC 7 Responds breaks it down.

An all-too common story

Around $2,400 is the average rent for a 1-bedroom apartment in San Diego, according to Zillow. A rent that is difficult to afford for many, especially if you’re single, like Yessica Herrera. “I was looking for an affordable place,” said Hererra.

On Facebook Marketplace, she found a room in South Bay that fit her budget, a rent of $950 and $1200 deposit.

Herrera says she wasn’t very happy with the deposit amount, especially because it was just a room with no private bathroom, but she desperately needed a place to live, so she moved in.

After two and a half months, she decided to leave.

“I was moving my things, and the cockroaches would go to different corners,” said Herrera.

According to Herrera, she never told the landlord about the cockroaches in the room. She just told him she was moving, but when she asked for her deposit, the landlord refused to give it back. He accused her of being responsible for the cockroach infestation.

NBC 7 Responds called the landlord, who said he spent over $1,000 to get rid of the cockroaches, and had to buy a new mini fridge and microwave for the room.

After a few texts and phone calls, he agreed to give $200 back to Herrera.

What are a tenant’s rights?

NBC 7 Responds asked a lawyer about the tenant’s rights if they find themselves in a similar situation.

“The landlord is the one who has the burden to prove that the tenant brought these roaches,” said Gil Vera from Legal Aid Society.

If the landlord doesn’t have any proof, the tenant can take them to small claims court.

Herrera won’t take her former landlord to court. She says she wants to put this bad experience in the past, but she’s grateful for the help of NBC 7 Responds.

Herrera wanted other tenants to know that there are laws that protect them.

In this case, NBC 7 Responds can’t say who was responsible for the cockroaches, and that’s why the name of the landlord was not used.

If Herrera had decided to take him to court, as the attorney explained, the landlord would have had to prove it was her fault.