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A., Other/Just Looking in New York, NY

I live with 2 roomates. We all have deposited our share of seperate deposit checks when we moved in. My

Asked by A., New York, NY Sat Nov 24, 2007

roommates are on the lease but i am not. I am moving out earlier, my roommates do not feel I should get my deposit back. The management office of our building accepted my cashier check in my name knowing that i was'nt on the lease. How can I get my check back if my roommates are trying to rip me off? Any legal advice?

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I am hoping this questions may get you a solution. Are your roommates getting a new roommate? If so maybe the new roommate can pass their deposit to you as the landlord is still holding your. In any event my thought would be to have your roommates buy you out of the deposit if they are not replacing you.
0 votes Thank Flag Link Sun Nov 25, 2007
Pam Winterba…, Real Estate Pro in San Ramon, CA
MVP'08
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A,

No legal advice here, just suggestions.

Did you keep a copy of that cashier's check? Do you have a bank statement with a copy of it? Can you back provide you with a copy . . . Sounds like it was obviously made out to the mgmt people.

Do you have a copy of any written agreements with your roommmates?

Keep in mind, that if you agreed to 12 months and are leaving in 10 months, most likely YOU ARE NOT entitled to the desposit, as you are breaking your agreement and your rental fee now becomes your roommates responsibility.
0 votes Thank Flag Link Sun Nov 25, 2007
No one here can give you legal advice. There are some renters advocacy groups as well as free legal aid groups in NY and you can try them.
My non-legal opinon? No lease? You are jammed. You might want to read your roommates' lease. You may find that is says that they are jointly as well as individually responsible. What that means is that even if one of them moves out, the mgmt does not have to give back their share of deposit.
0 votes Thank Flag Link Sun Nov 25, 2007
Hi!....did you mean to post this question thre times?
Web Reference: http://www.cindihagley.com
0 votes Thank Flag Link Sat Nov 24, 2007
Cindi Hagley, Real Estate Pro in Pleasanton, CA
MVP'08
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