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security deposit

Posted by lee on June 01, 2000 at 19:02:43:

I was co-signed on a lease 1 1/2 yrs. ago and due to unbearable circumstances (with her boyfriend being there 24/7), notified my landlord (in writing) that I wanted to reassign my portion of the lease to her boyfriend - before the end of the lease term (I had already lived there for over a year). The landlord said it was possible for me to leave, but that for the remainder of the term, my name would remain on the lease and that her name would be the only one on the lease when the renewal lease was signed. Which is exactly what took place. At that time, I was told by the landlord that my security deposit would have to be received from my ex-roommate because it was still in her name for the entire duration of the lease - it was treated as a renewal not a new lease, even though my name was removed. My roommate agreed, but when I tried to collect, she said NO WAY (I have her agreement on email if it makes any difference).

Apparently, now they will be moving at the end of this year's lease in September and I would like to know if the landlord is required to return my 1/2 of the deposit to me at the termination of the lease because my name was on the original lease or if I'm just out of luck. Can I write to the landlord and request that my portion be returned to me at termination? (As an additional note, when we first signed the lease the deposit check was in her name, if this matters legally) Any help - direction to previous cases - would be appreciated.

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