What to do if my landlord gave my security deposit refund to my roommate?

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What to do if my landlord gave my security deposit refund to my roommate?

I submitted a personal check to my landlord covering the cost of a security deposit. The check had only my name on it. Both my name and my roommates name was on the lease. When we both moved out they gave my roommate the refund of the security deposit instead of me. Neither party informed me until I had reached out and spoke with my former landlord about it (it has been 2 months since I moved out). Am I entitled the security deposit, and if so, who owes me the money?

Asked on January 30, 2012 under Real Estate Law, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you were the one who paid the security deposit for the rental that you were sharing with your former roommate and the landlord gave your security deposit to your roommate and not you, the landlord is responsible for returning the amount of the check to you as well as your former roommate.

Meaning, both of them are responsible for the amount of the check owed you. I would write both of them a letter asking for the amount of the check within a certain period of time. If not provided, then your option is small claims court. Keep a copy of the letter for future use and need.


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