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Apartment Security Deposit Dispute With Roommates

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swimmingpool

Junior Member
What is the name of your state (only U.S. law)? Wisconsin

The lease for my apartment ended a few weeks ago and a check for the security deposit was sent to one of the roommates (roommate "X"). When we signed the lease we agreed that would be the roommate to receive the one check for the total returned security deposit.

I moved out of the apartment May '10 (the lease ended Aug 15 '10). I had a subletter for the summer (although the subletter never legally signed a lease). She cleaned the common areas when she moved out Aug. 1st. Then another roommate ("A") moved out and cleaned the common areas a few days later. The last two roommates living there began to threaten "A" and I that if we did not come back to help clean they would not return our security deposits to us in full. We live far away and decided we had done our share of cleaning so we did not come back. I told the roommates not to clean my room (we each had our own rooms) and if there were charges to my room I will pay them. Therefore, they were only cleaning the kitchen and living room (the common areas-about 300 sq. feet total)

"A" called the landlord and had him put all four of our names on the check that he sent to "X". Meanwhile, "X" and the other roommate tell me they have cleaned the common areas in the apartment for 10 hours (and "A" says when she left there was at most 2 hours of cleaning work that needed to be done, she also took pictures to document).

The lease ended about a month ago now and "X" has received the check. She tried to cash it, but the bank would not take it without all the signatures. The apartment took $82 out of our security deposit and "X" has semi-fairly divided up the charges. I am ok with what she wants me to pay out of the $82, however, she is trying to charge me for her and the other roommate cleaning the apartment. She wants me to pay her and the other roommate who stayed. She wants me to pay her and the other roommate $10/hour for 11 hours of cleaning each. Totaling up to $220.

I am not ok paying this amount for several reasons. One, we did not agree on a rate or amount beforehand. Two, I don't believe they cleaned for 11 hours (because it is such a small space and supposedly already clean). Three, they claim we would have had hundreds of dollars taken out of our deposit had they not cleaned but there is no proof that would have been the case. Finally, I don't think I am liable for the full amount. There were 4 of us living there, therefore I should only pay 1/4 of the amount they want because that would be my share?

Hence, I will pay $10/hour for 11 hours divided by 4. $27.50. If this seems low, I would go up to $50 max.

(Each person paid a $648 security deposit.)

I am telling them that I will not sign the combined check until we agree on an amount.

So, am I right or do I need to pay them?

Also, I am worried they will take the check to a bank that does not realize it does not have all four signatures. How would I find out if they cash a check with my name on it without me finding out?

Should I go to small claims court??


THANKS for any help!!!!!! Really appreciated!
 



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