security deposit

[v_day_baby]

What is the name of your state? RI

Does an apartment complex legally have to split the remainder of the security deposit among co-signers or can they give the whole amount to one signer ~ whose sole credit was used to get the apartment??

 

[mykoleary]

What does your lease say about this?

 

[HomeGuru]

What is the name of your state? RI

Does an apartment complex legally have to split the remainder of the security deposit among co-signers or can they give the whole amount to one signer ~ whose sole credit was used to get the apartment??

**A: the deposit can be rightfully paid to the party or parties that paid such deposit, absent any written agreement to the contrary.

 

[v_day_baby]

The lease does not specifically say in the case of co-signers the security deposit will be split in half (I know, the stupid office guy read it to me and then said "Oh, I guess that policy is not in the lease, and it's not written anywhere else.")

I paid the security deposit, but the management is insisting on splitting the deposit in half and sending 2 checks (obviously, the other person and I aren't together, and in addition to his not contributing to half the deposit, he owes me a lot of money, that's why I am so insistent on getting the WHOLE thing back, not half).

 

[v_day_baby]

Home Guru,
If it's not specifically written anywhere that the deposit will be split up, is there any legal basis for me to insist the whole thing be returned to me??
I looked online at RI landlord/tenant law, but none of it specifically mentions what happens in the case of co-signers.

 

[HomeGuru]

Home Guru,
If it's not specifically written anywhere that the deposit will be split up, is there any legal basis for me to insist the whole thing be returned to me??
I looked online at RI landlord/tenant law, but none of it specifically mentions what happens in the case of co-signers.

**A: if you have the evidence that you paid the deposit in full, you can request L pay the full amount back to you.

 

[v_day_baby]

HG,
I have the cancelled check but, get this, the L says that doesn't prove I paid the whole thing because the other co-signor could have given me the money, and I wrote the check. See what kind of people I'm dealing with here?

 

[mykoleary]

HG,
I have the cancelled check but, get this, the L says that doesn't prove I paid the whole thing because the other co-signor could have given me the money, and I wrote the check. See what kind of people I'm dealing with here?

That's not his problem. He is requried to return the deposit to the person who paid it. If in fact the other person didi pay you cash like he presumes MAY be the case, then that person's cause of action is against you and not the LL.

Tell the landlord you expect the entire deposit be returned to you and that not doing so timely could cause him to accrue ceratin and specific penalties as specified in the LL/Tenant laws.

 

[HomeGuru]

The landlords could make the check payable to all tenants and let you guys fight it out.

 

[v_day_baby]

Thanks for your advice. Unfortunately, I have tried all of these tactics, and the L still insists on sending 2 separate checks. For whatever reason, they have decided not to help out at all, even though they are not LEGALLY required to split the check, I have proof that I am the one who paid the deposit, and I was the one who's sole credit was able to rent the apartment. I wish I had you guys in the office arguing with me, the L looked at me like I had 2 heads when I explained that thye could NOT be sued successfully for sending only 1 check.

 

[HomeGuru]

Have co-signors sign a letter to L stating that you paid for the entire deposit and they are in agreement that the deposit refund check be made payable in your name only. Then give this letter along with your cover letter requesting the check.

 

[v_day_baby]

HG,
Good solution, except co-signor is ex-BF who refuses to pay back ANY money he owes me. I have given up on the L ~ no use arguing with an idiot, am thinking about just suing ex for this and other monies owed.

 

[HomeGuru]

Ok then and good luck.