Security deposit question // roommate not paying back utility bills

[tenantinMA]

I live in Massachusetts. My roommate has not paid me for utility bills for about 3-4 months, amounting to ~$200. We still have one month of utilities left and it seems like she will not be paying me. I update my venmo request every month and have sent her all the screenshots of the bills regarding my venmo charges (upon her request).

When we first signed the lease, I sent the full security check for the rent under my name and she had venmo’d me her portion. Both our names are on the lease. My original plan was to have her sort out outstanding utility charges before any of the security deposit is returned. Since I had sent the security deposit in full, I expected to get it back in the form of original payment. However, I got an email from my building management saying the following:

“It is my understanding that (my roommate) paid her portion of the security to you. I have copies of those transactions. Security will be delivered to the two tenants. Should you have other information, do let me know. “

My roommate had requested management to send her an individual check and sent management screenshots of her paying her portion of the security deposit to me. Is management/landlord allowed to return the security deposit this way?

What legal options do I have to ensure that I get the full security check back in the original payment method or that my roommate pays me back fully?

Thank you for your advice!

 

[Zigner]

Unless otherwise stated in the lease, it is appropriate for the LL to issue any refund payable to ALL signers on the lease.

 

[FarmerJ]

AS to unpaid bills I suggest you consider collecting your receipts for the bills you did pay but she refused to reimburse you for her half and add them up then before she moves out and consider suing her thru small claims court for the unpaid parts you already paid for so your filing is done before she moves out and she gets the court summons before she is gone and let her explain to a judge as to why she magically was entitled to stop paying her share. Would you ever collect , hard to say BUT do know that your state could have a process to extend the life of a judgment so if a judgment were good for 7 yrs and your state let you renew it if she refused to pay after a court awards it to you , having a judgment on the books for 14 yrs will likely get her attention since there are odds that as she ages she will go to do something credit related and it will come up and cost her more , or she may want something and the only way she can get it will be if she clears it up ( pays it)

 

[Gail in Georgia]

"My roommate had requested management to send her an individual check and sent management screenshots of her paying her portion of the security deposit to me. Is management/landlord allowed to return the security deposit this way?"

Yes

"What legal options do I have to ensure that I get the full security check back in the original payment method or that my roommate pays me back fully?"

No legal options. And your only option is to sue your roommate for what she owes in utilities. Unfortunately you have let this business go on far too long.

Gail