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  1. #1
    Join Date
    Jul 2010
    Posts
    1

    Unhappy Former Roommate Won't Return Portion of Security Deposit

    My question involves a security deposit in the State of: Wisconsin

    My wife lived in an apartment with one other roommate until about a month ago (we just got married a few weeks ago and now live in Minnesota) at which time they both moved out.

    The landlord sent their entire security deposit to the other roommate and now she refuses to send my wife's portion back.

    The lease had both of their names on it, but the security deposit was paid for to the landlord with one check from the former roommate. My wife paid her portion via check directly to the now former roommate so there will be a record of it being deposited, but I don't know how we could go about subpoenaing that information.

    Obviously the landlord is not at fault and was actually a nice guy, but the former roommate is being belligerent and not returning my wife's portion. I'm assuming we're looking at small claims court in the case that we can't settle it with the former roommate. Does anyone have additional information about what we can be doing or whether we even have a hope of getting the money back?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Former Roommate Won't Return Portion of Security Deposit

    What exactly does the lease say about how the security deposit will be refunded? It may authorize the landlord to return it to a single tenant, or to the tenant who paid the money to the landlord.

    I would expect your wife to prevail in a small claims case against the former roommate; I don't know if the former roommate will pay a judgment.

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