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return of keys vs security deposit

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return of keys vs security deposit

Postby twinoaks » Fri Sep 04, 2015 3:03 pm

My roommate moved out a week ago and has not returned my apartment keys or the key to the buildings front door. She insists upon mailing the keys to the super, who i have informed her via text message is away on vacationn for a month. What should i do? I have her deposit in the form of a US Postal MoneyOrder dated September 1st. I need my keys returned. I believe she may have made copies of all the keys. I want to return the deposit to her however she has been threatening to sue me and a lawyer called me on herbehalf the day she moved out threatening a lawsuit unless i returned the deposit immediately. But she hasnt returned the keys and im thinking shes proved herself so unstable that i dont know what to thonk and im nervous. She come back and been in the building twice.
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Re: return of keys vs security deposit

Postby TenantNet » Fri Sep 04, 2015 4:29 pm

You might be in a position of being a landlord in this situation, but it's not a question of getting the roommate to leave.

When you say roommate, do you mean a co-tenant, someone who was also on the lease? Did you pay rent together, i.e., you paid half to the LL and she paid half?

Or was she someone who came on as a real roommate - i.e., occupant - who you brought in after you took occupancy, and you're the only person on the lease? If so, how was the deposit handled?

Which of these situations best describes your situation? Please give us more details as to how things worked.

BTW, for now ignore the lawyer.

As for her getting into the building, you can change the locks to your apartment. You can tell the super you suspect she made copies (even if she returns the keys) and he might wish to change locks for the building. But if it's a large building they might not do that.
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Re: return of keys vs security deposit

Postby twinoaks » Fri Sep 04, 2015 8:32 pm

I am the only tenant on the lease in this RS apt. I have her security deposit, just waiting for my keys! And yes, ahes moved out last week.
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Re: return of keys vs security deposit

Postby TenantNet » Fri Sep 04, 2015 11:25 pm

So she was a real roommate, not a co-tenant, correct?

If that's the case, then you are her acting landlord. Her portion of the rent should have been given to you and then you send the full rent to the LL. Is this what happened?

And as she's a roommate (not a co-tenant), the deposit was given to you, not to the LL, correct?
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