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  1. #1
    Join Date
    Jul 2014
    Posts
    2

    Question Co-Tenant Won't Waive His Claim to the Security Deposit, Despite Not Contributing

    My question involves landlord-tenant law in the State of: New York

    Hey,

    one of my roommates who is also the only co-tenant is moving out of our apartment while I renewed the lease and I'm now the only person on the lease. The other roommates are subletting from us.

    When we both moved in, I paid the security deposit. I have the check, the receipt, everything. He never contributed anything towards it and there's no way for him to prove anything like that as he just didn't pay anything obviously. We also went through a long list of expenses and income we had with the apartment that we both agreed on. It says that I paid it entirely and he knows that I paid it and never mentioned anything. He told me that he's only gonna give me a smaller part back of what he would receive from the landlord.

    Now since he is moving out, our landlord says, my the co-tenant needs to sign a waiver that states, that the entire security deposit belongs to me. He refused to do so. We don't have a co-signing agreement. Is that legally correct from the landlord?

    What should I do?

    Thanks so much!

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: I Paid Security Deposit to Landlord, Co-Tenant Gets Half It when Moving Out

    He is free to remain on the lease if he refuses to sign.

  3. #3
    Join Date
    Jul 2014
    Posts
    2

    Default Re: I Paid Security Deposit to Landlord, Co-Tenant Gets Half It when Moving Out

    He wants to move out. The only problem is that -according to the landlord- he's entitled to half of the security deposit of which he only wants to give me a share, although I have paid the whole amount.

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: I Paid Security Deposit to Landlord, Co-Tenant Gets Half It when Moving Out

    If he won't sign the waiver and the landlord gives him part of the security deposit, pursue it in small claims court.

    What does your lease say about refund of the security deposit?

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