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  1. #1
    Join Date
    Jul 2011
    Posts
    1

    Default Shared Lease, Landlord Not Returning the Security Deposit

    My question involves landlord-tenant law in the State of: NY.

    Hi, if anyone could shed any light or advice on this situation, I would be very grateful!

    I moved into an apartment with my then fiancee in July of 2010. The security deposit and first month's rent were paid with 2 checks (one from me and one from her with equal amounts) and applied to both payments. We were both on the lease and both signed it. In the middle of November, she ended our relationship and decided that she didn't want to live together. I moved out of the apartment, at her request, and even eventually paid 1.5 more months of total rent (I had already paid for Nov. and then paid for January). After that she paid everything herself. The problem is with the security deposit. She wrote a letter to the landlord asking for the full amount of the deposit. I obviously want, and feel entitled to, my half of it. I also have emails from the landlord stating that "As soon as management gets the extra keys back, we will process your security deposit and mail it to your new address." The keys were mailed back a few weeks ago..

    Now the landlord is asking for a signed agreement (between my ex and I) before they return the security deposit. I really have no intention of talking to her or coming to any agreement. I just want to get my deposit and go on with my life without having any contact.

    Can the landlord ask for this agreement? What if we can't come to an agreement? Why am I going through all of this hassle just to get my half of the security deposit? Who can I contact or what can I do?

    Any advice would be greatly appreciated!

    NYCHelp

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

    Default Re: Shared Lease, Landlord Not Returning the Security Deposit

    Exactly what do you mean by "a signed agreement (between my ex and I)" and why don't you want to cooperate? Is the landlord simply asking for a document that explicitly states that you and your ex- agree that the deposit refund is to be split between the two of you, and that you make no claim for the portion of the refund issued to the other person?

    What does the lease say about the return of the security deposit and to whom payment may be issued?

    Your landlord is obligated to follow the laws of your state in relation to the return of the security deposit; additional local ordinances may also apply. It may be that without your cooperation the landlord can legally issue the refund check to only one of you per the terms of the lease, so it may be very much in your best interest to do as your landlord has asked.

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