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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37854
Experience:  16 years real estate, Realtor. Landlord 26 years
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My roommate moved out before the lease contract was

Customer Question

My roommate moved out before the lease contract was fulfilled. I recently moved out because my landlord was invading my privacy (long story). He wrote the deposit check in my name and also my roommate who abandoned the property. I cannot cash the check as my old roommate lives in Texas. I have a cancelled check showing I paid the deposit. Do I have any recourse to make the landlord write the check to me.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

Expert:  Barrister replied 1 year ago.

Were you both listed on the lease as tenants?


If so, then unfortunately you are stuck because unless the landlord is willing to release the money only to you, legally he is in the right in making the check out to both tenants. He has no idea what type of agreement you may have had with roommate regarding the deposit, or whether he paid you his half in cash, or any other details about it.


He just knows that he had 2 tenants listed on the lease and the safest way for him to handle this is to make the check payable to both of you...


I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience,even when I know the answer doesn’t make the customer happy...