Getting my lease deposit returned. (apartment, rental, eviction)

[Brianna0312]

I had leased an apartment with a one year contract with a roomate. We both signed the lease agreeing to pay $425 each as our portion of the deposit. We were then told at the end of the lease, one check would be cut to return our deposit, and that one of us would cash it and then give the extra $425 back to the other roomate. The end of the lease is October 31st, and my roomate has decided to stay as a tenant in that apartment while I have decided to not renew my lease there. I just found our today, that instead of my landlords cutting the check in which both of us would receive our $425 back, that my ex-roomate would be giving me a money order out of her pocket, and that my landlords would keep my security deposit check from last year as my ex-roomates payment towards her renewing of the lease for this new year. I don't feel like this is normal or legal practice to return a deposit. Since my old roomate is renewing a new lease, shouldn't they be refunding our money anyways, and she puts down a new deposit for a new contract? I'm afraid that I'm going to get my deposit back late or not at all since my ex-roomate was not punctual about paying rent or bills on time. I didn't sign a lease giving my roomate a deposit, so why should I be taking a money order from her? This process just seems sketchy to me. I asked my landlords to please just refund the check the way it was originally supposed to be since I was uncomfortable receiving the money from my old roomate, but they told me this was was a quicker way to ensure I got my money on time.

Any advice anyone? Thank you.

[miu]

Your name is on a one year lease only. What happens after that year doesn't affect you as it expires on October 31st of this year. And the landlords know you're are leaving, so it's not like your roommate forged your signature when she renewed the lease. But you could ask your landlord to and make really sure that your name is off of the lease for next year. I think that you are worrying over nothing since you've already talked to your landlords about getting the deposit directly back from them, which means they clearly know that you are leaving while she is staying on.

[Brianna0312]

Originally Posted by miu

Your name is on a one year lease only. What happens after that year doesn't affect you as it expires on October 31st of this year. And the landlords know you're are leaving, so it's not like your roommate forged your signature when she renewed the lease. But you could ask your landlord to and make really sure that your name is off of the lease for next year. I think that you are worrying over nothing since you've already talked to your landlords about getting the deposit directly back from them, which means they clearly know that you are leaving while she is staying on.

What I mean is, my landlord isn't giving me my deposit back. They are keeping it so my old roomate can use it as her new deposit and they are asking her to just pay me back the $425 out of pocket since I'm leaving. I'd still be getting my money back, but not from my landlords. I'm afraid my old roomate isnt going to give me the money order for what I originally paid for my half of the deposit. My name is on the check that I signed over to my landlords for 06-07. I don't want the check with my name going towards her renewel deposit payment when I'm not on the lease. By law, I assumed my landlords should be refunding my deposit, not my old roomate. I feel like I can be screwed with getting my money back if my landlords arnt the ones cutting me the check.

[miu]

You lease ends at the end of this month. If you both were moving out of this place, the original deposit would not be returned to you until after the apartment was empty and the landlords had inspected it. So then it would have been sometime in November that you would have gotten your $425 back, not literally November 1st.

Has your roommate ever given you cause not to trust her? If she doesn't give you that $425 by the end of November, then tell your landlord that you will take them to small claims court. The landlords aren't going anywhere and you know where your old roommate lives. I just don't understand why you are so distrustful about getting your $425 back. Right now at this moment, no one is in late in reimbursing you for that deposit. And honestly, if you bring up the leverage of small claims court now, you will come across as a paranoid jerk.

Has your roommate found a new roommate yet or is she going to continue living there but by herself? I can see that if she is looking for a roommate, that when she finds one, she will ask that new person for a security deposit of $425 and just turn that money over to you. And this way would be much faster for you getting that $425 back than your landlords writing you a check later in the month of November.

What about your shared utility bills? Are there any in your name? Or are all of them in your roommate's? It seems like there should be other bills to split with your roommate at the end of this month too.

I see several issues of your distrust here. One, that your lease period is ending and you want to make sure that after November 1st, you are not liable for any damages to the apartment. You won't be, but perhaps you can ask the landlords to do a walk through your old apartment with you on November 1st to agree that you are leaving the apartment without damages to it. And the second issue of distrust is not getting your deposit back. On the deposit issue, you are distrustful of both your landlords and your current roommate and I don't understand where this is coming from. Has your roommate ever stiffed you before?

BTW is this your first apartment rental ever?

[Brianna0312]

Originally Posted by miu

You lease ends at the end of this month. If you both were moving out of this place, the original deposit would not be returned to you until after the apartment was empty and the landlords had inspected it. So then it would have been sometime in November that you would have gotten your $425 back, not literally November 1st.

Has your roommate ever given you cause not to trust her? If she doesn't give you that $425 by the end of November, then tell your landlord that you will take them to small claims court. The landlords aren't going anywhere and you know where your old roommate lives. I just don't understand why you are so distrustful about getting your $425 back. Right now at this moment, no one is in late in reimbursing you for that deposit. And honestly, if you bring up the leverage of small claims court now, you will come across as a paranoid jerk.

Has your roommate found a new roommate yet or is she going to continue living there but by herself? I can see that if she is looking for a roommate, that when she finds one, she will ask that new person for a security deposit of $425 and just turn that money over to you. And this way would be much faster for you getting that $425 back than your landlords writing you a check later in the month of November.

What about your shared utility bills? Are there any in your name? Or are all of them in your roommate's? It seems like there should be other bills to split with your roommate at the end of this month too.

I see several issues of your distrust here. One, that your lease period is ending and you want to make sure that after November 1st, you are not liable for any damages to the apartment. You won't be, but perhaps you can ask the landlords to do a walk through your old apartment with you on November 1st to agree that you are leaving the apartment without damages to it. And the second issue of distrust is not getting your deposit back. On the deposit issue, you are distrustful of both your landlords and your current roommate and I don't understand where this is coming from. Has your roommate ever stiffed you before?

BTW is this your first apartment rental ever?

This was my first rental ever. The reason I am distrustful about her paying the money back is because over the course of the year, we receieved 3 eviction notices from her rent being late. Both utilities were brought into collection because I had been paying my half and hers would be late, where then they demanded the entire balance or we'd be shut off. One of those utilities were in my name. I'm not going to bring up court, and I know my actually landlord has 30 days after the lease is up to return my deposit. If I was told all along and written in my lease of how I'd be getting the deposit back from them, I'd like it returned from them that way. It doesn't seem like my old roomate should be giving me any money even though it washes out for her in the end. I am afraid she will try to screw me since I've seen what damage she's done before. I guess I'm just not understanding why my landlords arn't following the contract they also signed in how the ending of my lease would roll out.

[miu]

Well if that is your roommate's history (which you didn't mention before), then ask the landlords to walk through the apartment with you and acknowledge the condition of the place as you left it. Bring a friend with you as a witness. If the landlords won't do this for you, then have your own walk through with a friend and take pictures of your empty bedroom and the other rooms. Then if you don't get your $425 back (plus interest) after 30 days, then take your landlords to small claims court.

And take your old roommate to court for her share of the utilities.

[GreenMachine]

Originally Posted by miu

Well if that is your roommate's history (which you didn't mention before), then ask the landlords to walk through the apartment with you and acknowledge the condition of the place as you left it. Bring a friend with you as a witness. If the landlords won't do this for you, then have your own walk through with a friend and take pictures of your empty bedroom and the other rooms. Then if you don't get your $425 back (plus interest) after 30 days, then take your landlords to small claims court.

And take your old roommate to court for her share of the utilities.

Very good advice. Just remember that you need to keep records of everything -- copies of checks and bills and so on. You need a paper trail.

[Patapsco]

Brianna -

My heart goes out to you. I've been stiffed by roommates before, threatened by lawyers, had my credit suffer for others' lateness, etc. I had one roommate run up my phone bill into the $800 range...calling those "friends" hotlines. (This was before cell phones.) I had another roomate 2 weeks late w/her share of the rent b/c she was so strapped, and then she took off for a long weekend to Amsterdam, b/c she found an "irresistable" good deal on airfare. We're not talking some kid, here, either, she was 29.

I'm sure you're learing from all this, but JUST IN CASE, next appt. you have, have your roommates sign a contract acknowledging their responsibilities, due dates for utilities/rent, etc... it gives you more leverage when you have to become the bad guy.

Good luck!

[MarriedWithOutChildren]

A little of the subject here, but miu, she did mention her roommates bill/rent history in the OP. "I'm afraid that I'm going to get my deposit back late or not at all since my ex-roomate was not punctual about paying rent or bills on time."

I kind of feel like you were attacking her or trying to make her feel like she's some paranoid psycho for feeling the way she does.

Having roommates can sometimes SUCK. You start out friends and everything seems great, then it goes downhill. I think you have gotten some great advice and I agree w/most. I too feel that it is the responsibility of your landlord to give back your share of the deposit. If you had said, when first moving in, get if from my roommate, the landlord would probably have said no, that is your responsibility as it is their responsibility to refund you. Your deposit should not go towards your ex-roommates new lease, that is her responsibility since she is the one resigning. If she doesn't have the money to renew her lease, that is not your problem.

[Patapsco]

You know, looking like a paranoid jerk or not, if your landlord refuses to give you your deposit and start anew with your roommate, maybe a letter requesting this arrangement on letterhead from a lawyer buddy of yours might help. It's not an outright threat, but shows you have resources in case you need them. I wouldn't start with this, though.

Good luck!