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NC deposit being withheld.

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Nctennant1802

New member
(North Carolina, Durham Cty.) I gave 30 days notice at the beginning of March along with my two roommates that we would all be terminating the lease at the end of March. Later my two roommates decided to extend the lease and signed a new lease with just the two of them. I did not sign the new lease. The landlord has decided to keep the original deposit from the first lease for the new one that my roommates signed. He says that because the check was in my roommate's name and not mine he is not responsible for returning my share of the deposit.(originally two of us payed the other via Venmo and she wrote one check to the landlord) My former roommates are refusing to pay me until they get the deposit back next year and know how much is deducted. It has been almost two months and I am supposed to get my deposit back within 30 days. I am considering sending a formal letter and then going to small claims court, but I need to know who, if anyone, owes me. Is my landlord correct that because the check wasn't in my name he owes me nothing? The lease agreement has a clause for splitting the payment of the deposit to multiple leases. Do my former roommates owe me the money instead? Or am I completely at their mercy?

Thanks for any assistance.
 


adjusterjack

Senior Member
Sorry, the LL collected one deposit, not three. Has nothing to do with who wrote the check.

It's up to you and your roommates to decide how contribution is made and who gets what back.

My opinion for the two cents that it's worth is that your roommates owe you your share of the deposit.

When you write your demand letter, attach a completed (but not filed) small claims complaint form to show you mean business and know what you are doing. Give a deadline date for payment. File your lawsuit if they don't pay.
 

Nctennant1802

New member
Thank you for the advice, that was how I was leaning based on what I could read.

Sorry, the LL collected one deposit, not three. Has nothing to do with who wrote the check.

It's up to you and your roommates to decide how contribution is made and who gets what back.

My opinion for the two cents that it's worth is that your roommates owe you your share of the deposit.

When you write your demand letter, attach a completed (but not filed) small claims complaint form to show you mean business and know what you are doing. Give a deadline date for payment. File your lawsuit if they don't pay.
 

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