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Security Deposit

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Security Deposit

Postby klqueen » Sat Nov 09, 2002 12:55 pm

Hello. Here is my situation: I am moving out of my apartment when my lease expires. My roommate is staying and I don't know if he has found another roommate. In any case, I want my share of the security deposit back. To ensure that I don't have any responsibilty to the apartment after I leave, should I pursue getting my part of the deposit back from the management company (I sent them checks for my half) and have my roommate or whoever is taking my place send them a check to cover the money I want back? Or am I safe to just get a check from my soon-to-be-ex-roommate? I called the management company and couldn't get a straight answer.
Thanks for your time.
klqueen
 
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Re: Security Deposit

Postby Lilly » Sat Nov 09, 2002 10:58 pm

depends upon who is on the lease.
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Re: Security Deposit

Postby klqueen » Sun Nov 10, 2002 12:01 am

On the lease that is about to expire both my name and my roommate's names are on it. He will be resigning the new lease; I obviously will not. I don't know if he will be getting a new roommate, if that fact makes a difference.
klqueen
 
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Re: Security Deposit

Postby consigliere » Sun Nov 10, 2002 12:30 pm

Your co-tenant (he's not your roommate, because you both signed the lease) has the right to renew the lease on his own. In fact, he's better off renewing on his own, instead of signing a new lease with a new co-tenant, because he won't be subject to a vacancy increase.
 
You should get your share of the security deposit directly from the landlord. Your lease has ended and you have moved out. If the landlord won't return your security deposit, you could (1) try to get it from your former co-tenant, (2) complain to the Attorney Generals's office, or (3) sue your former landlord in small claims court.
 
consigliere
 
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Re: Security Deposit

Postby klqueen » Sun Nov 10, 2002 9:58 pm

Consigliere....if I get my half of the security deposit from my ex-co-tenant instead of directly from my ex-landlord, will that still guarantee that I no longer am connected with the apartment?
klqueen
 
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Re: Security Deposit

Postby consigliere » Mon Nov 11, 2002 10:23 am

klqueen asked:
 
....if I get my half of the security deposit from my ex-co-tenant instead of directly from my ex-landlord, will that still guarantee that I no longer am connected with the apartment?
 
 
The safest course would be to send a letter to the landlord, with a copy to your co-tenant, stating that you are not renewing your lease, that you are moving out at the end of the lease, and that you expect the return of your share of the security deposit. Send it by certified mail, return receipt requested.
 
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