I signed a lease with my fiancé,both are names are on the lease. We recently have separated, and I had to move out, because it was no longer safe for me to be there. I didn't want a broken lease, and in the lease it states that if we have to move out, if we find someone to take the lease over (sub-lease) that's OK. My partner said that he was moving out and was not going to stay at the home, so I found a family to take it over, and the landlord agreed. When everything was set to be final, my ex-partner decided to stay at the home and live, which is fine, but I want my name off the lease and want the security deposit, that I paid for and put up, given back to me. I gave the landlord a personal check, which I filled out in front of her, for the security deposit. I just want my name off the lease, because I don't want to be responsiable for a house that I'm not living in. So by law does my partner have to sign a new lease with his name only on it? And put his own security deposit up? Can I get my security deposit back? Since it was my money and my check that I gave?

It is up to the landlord as to letting you off the lease or not.

Since he already has a lease, in his name and yours, I don't think he can be forced to sign a new lease and re-pay a security deposit.

The deposit is for the apartment, the landlord has no concern as to who paid it, just that it was paid.

I believe the only way to get this money from your fiance' will be to sue him for it.