I am in the state of Georgia and I recently decided not to resign my lease with my roommate because she had her boyfriend living there the whole summer. The leasing consultant had us sign a roommate release which she explained was a form that would state that I wouldn't reside in the apartment anymore. She informed us that my security would be refunded by my roommate once she either moves our or find another roommate. She has since found anouther roommate and refuses to refund my share of the security deposit.

I must note that I did not terminate my lease and couldn't understand why a roommate release form needed to be signed. Also, since my father cosigned for me and is also on the lease, does he have any legal rights to half of the security deposit?

Hello chick:

If you didn't terminate your lease, and if the present tenants DON'T pay rent, your father is responsible... That is, unless this "roommate "release" effectively removes you from the lease... But, I've never heard of a document like that... What specifically does it say??

If the NEW roommate paid a deposit to the building, then the building should refund yours. If the building gave your deposit back to your old roommate, I'd STILL sue the building.

In fact, that's what I'd do. Sue them BOTH in small claims court and let the judge decide which one should pay you.

I'd also make CERTAIN that you and your father are NO LONGER on the lease... Toward that end, send your old landlord a certified letter telling him that your lease expired and you DID NOT renew.. If he wanted to resign a lease with the present tenant he could have, but if he simply extended the old lease, you must be removed...

excon