Partial Witholding of Deposit

[nt174]

My roommate and I recently moved out of an apartment in East Harlem.
The owner of the management company only refunded part of our deposits and wrote on the
back of both checks: "Accepted as full refund for [apartment address]".
We're not sure how to proceed.
We've had to go through his assistant as he refuses to speak with us.
She said that he wanted rent for a full 12 months (even though on our lease we were prorated for the
days we didn't live there in the first month by the managing agent).
Any advice as to whether we can cash the deposit checks while we try to figure out next steps?

[Phil Cohen]

What was the basis for withholding part of the security deposit? Not clear from your post.
The other part of your question is a legal issue, and needs to be addressed by a lawyer. I have no idea if crossing out those words on the back of the check would mean anything.
If you can't get a legal opinion I would recommend that you not cash the check and sue for the full amount. The check would then be proof that you are owed at least part of the security deposit.
Meanwhile, while you sort out this check business, you should write a certified letter, return receipt requested, demanding that you get the full security deposit.

[kb2601]

Based on some past personal experience, I can tell you that some judges will take your cashing that check as acceptance of that as a full refund, regardless of whether or not you cross that line out. In fact, some would take that as your acceptance if nothing had ever been written on it in the first place. Just the act of cashing can be interpreted as your agreement.

I would say don't take the risk - don't cash the check.