Do I lose my security deposit?

[Rich M.]

I have lived in an apartment for several years before I had a roommate move in. About 4 years ago my roommate moved out but never signed off the lease. He basically up & left. I have recently moved and the apartment complex sent a security deposit check to me, however, the check contains both our names. I have no idea where my past roommate is or how to contact him. I have asked the apartment complex to re-issue the check in only my name since I am the one who paid the deposit initially even before I had a roommate. They say they can't because the law says it has to be issued to both occupants according to the lease. Since I can't cash the check without my past roommate's signature and they won't re-issue a check, do I lose the deposit?

 

[Tracey]

No, you write them back & say that YOU were the only resident when the lease began, YOU paid all the deposit, YOU were the only one on the lease, and YOU were the only resident of the apt for months before you terminated your lease. If they don't reissue the check in your name only by return of post, you will sue them for wrongfully & willfully withholding your deposit, & will collect the maximum penalties allowed by law + costs + attorney fees. Look up your state's residential landlord tenant act & see whether L has to pay double or triple damages for wrongfully withholding the deposit. Send the letter certified, return receipt.

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.