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So my ex boyfriend and I broke up in October 2014 and our one year lease (we were both on the lease) just ended this past March 2015. I moved out at the end of December because I could no longer stand living with him but I still paid the rent and the bills there because he has no job and since I was on the lease, i wasnt about to get an eviction record becuase of him. When we moved in I paid the $1600 security deposit and I paid the rent for the full 12 months and all the bills because I had a job and he just mooched. Well when the lease ended, I gave my address as the forwarding address for the security deposit refund. I told him I paid everything and therefore I should get my money back. Well he was shady and went behind my back and changed the forwarding address to his new address so that he gets the check. I want to sue him in small claims court for the check if he has it or for the full amount back if he has spent any of it. I have bank records of me paying the security deposit, rent and all the bills plus the leasing office has record of me paying the security deposit from my account. I was just wondering if this is sufficient for a case? The only thing I wonder is that his name was on the lease even though he paid nothing.
How much money are we talking about here? I'm thinking you MIGHT be entitled to half, since his name WAS on the lease.
I'm also wondering if the landlord was obligated to split the security deposit refund (if any - maybe the ex busted up the place before he left - he sounds like a real winner) between the two of you?
Ideally in the case of roommates, the landlord should make out the security deposit refund check to all parties on the lease and send it to the address they have on the lease. It sounds as though you have all the documentation necessary to prevail in court as long as you can prove that the ex boyfriend did in fact change the address with the leasing office and that they in turn did send the cheque to him and he cashed it. If you haven't done so already, suggest you ask them for a copy of the cheque and to confirm the address to which they sent it.
Did your lease end at the end of February or the end of March? If at the end of March the landlord certainly returned the security deposit very quickly! The time frame mandated to return it varies between states but is usually between 15 and 45 days. Are you jumping the gun a little? You're on the lease so have you checked with the landlord?
The security deposit is $1000. And the lease ended March 13. I called the leasing office and they told me that he had changed the address from my new address to his new address so he would get the check. They told me the check was already sent to his address and I dont know if he has cashed it or not. But both of our names are on the check. He did not contribute anything so I don't get why he feels entitled to get any portion of that money.
The security deposit is $1000. And the lease ended March 13. I called the leasing office and they told me that he had changed the address from my new address to his new address so he would get the check. They told me the check was already sent to his address and I dont know if he has cashed it or not. But both of our names are on the check. He did not contribute anything so I don't get why he feels entitled to get any portion of that money.
How he "feels" is irrelevant.
He gets put on the check because he signed the lease with you. You allowed him to live there rent free. That's not the landlords problem. It's yours.
I agree, morally, he should return the entire security deposit to you.
I agree. My issue isnt with the landlord - they told me they have to put both of our names on it but I can contest it in small claims court. My question is do I have a strong case to prove that the money should go to me.
If both names are on the check it either needs to be deposited into a bank account that has both people's names on it or you have to sign the back of the check. That is if the teller catches it. Tellers are not perfect. Check fraud is serious felony stuff. Contact the ex boyfriend.
Unless the landlord made the check out "your name" OR "ex-boyfriend" If they wrote OR then he can deposit it and you will have to go after him for the money
Hmmm...quick spinoff question since this now has me wondering.
In my work, when we have a security deposit (I manage HOA's) we make copies of the checks, then whomever wrote the check gets the deposit refunded (if applicable).
With my tenant, she came in, part of the deposit was paid by a local church group, the other part she paid herself. Then, 3 months down the road she moved her boyfriend in and we added him to the lease as an additional tenant, with an additional security deposit which she paid. I had them both select and initial, as part of the addendum where the tenant was added one of two options "Security deposited refunded to tenant A, Security deposit split between both tenants and % split". Both initialed and agreed that security deposit will be refunded in full to Tenant A (original tenant).
My plan was to deduct any damages from the portion that Tenant A paid, and to refund the church organization the portion they paid (at the time they made the payment they verbally requested I send them back what they paid if possible), then refund the tenant any remaining balance.
The deposit is not co-mingled with my funds and is in a designated MM account and she has been notified of the bank its held in.
Is this then faulty thinking and it needs to be refunded to both tenants? And I just convey that to the church group and they can try to get their $$$ back from her?
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