Hi, my ex boyfriend and I were on a lease together in an apartment in Valley Forge, PA. We broke up, he moved out, and I finished up the lease on my own, but we didn't take him off the lease. When I moved out, I gave the property manager my new address for her to send the security deposit. It's taken a long time, and a lot of fighting with the leasing company, but I was finally able to pick up the security deposit check this morning. But, when I looked at the check, it's got both of our names on it. I did try to deposit the check, but the woman at the bank said that because the check has both our names on it, with the word "and" between them, then we would need a joint checking account to deposit the check. I called the leasing company and asked them to issue a check just to me, since I was the one who put it down in the first place, and was told that because both of our names are on the lease, then "legally" the check has to be made out to both of us. Is this true? I'm pretty sure that at our previous apartment, the returned security deposit check was made out to just me, because I did deposit that check. So, I'd just like to know what my options are at this point. I'd like to sue them for double my security deposit back since they violated the 30 day rule, but it would only be worth it if the check were going to be made out to just me. Thanks for your help!

It was a security deposit and both of you were on the lease? The security deposit goes back to both of you. This is not the landlord's problem - he or she is acting within the law. It is not up to the landlord to sort out which of you actually wrote the check.

Contact the "ex" and offer to exchange his signature for the cash.

If you are thinking of suing because the security deposit was not returned within 30 days and, in fact, it was (just in joint names) you are going to lose.

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Originally Posted by katie.ives

I called the leasing company and asked them to issue a check just to me, since I was the one who put it down in the first place, and was told that because both of our names are on the lease, then "legally" the check has to be made out to both of us. Is this true?

I'd like to sue them for double my security deposit back since they violated the 30 day rule, but it would only be worth it if the check were going to be made out to just me. Thanks for your help!

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Hello k:

I don't know what kind of arrangements you have with your ex, so I couldn't say whether he is entitled to half of the deposit. That's between the two of you.

Regarding your dispute with the complex, they're right. The check SHOULD be made out to both of you. However, since they ARE liable for TWICE the amount, and maybe even more if you sued them, you could "request" that they re-write the check, or you'll sue them.

excon

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Originally Posted by excon

Hello k:

I don't know what kind of arrangements you have with your ex, so I couldn't say whether he is entitled to half of the deposit. That's between the two of you.

Regarding your dispute with the complex, they're right. The check SHOULD be made out to both of you. However, since they ARE liable for TWICE the amount, and maybe even more if you sued them, you could "request" that they re-write the check, or you'll sue them.

excon

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Love you Excon BUT - just for starters, the security deposit is returned to both parties. It is not the landlord's job to sort out which party paid what. That's the advantage or disadvantage of a joint lease.

If the landlord did NOT write the joint check within 30 days, yes, by all means sue.

If the landlord DID write the check, even if it's in joint names, there is no action here. A threat to sue when the landlord is within the law may very well not be a good idea.

And if the landlord caves and the "ex" gets wind of any of this and wants his half, guess who he sues? The OP AND the landlord.

I've owned enough property and seen this scenario often enough to write my own book.

- Ain't going to happen.

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Originally Posted by JudyKayTee

Love you Excon BUT

- Ain't gonna happen.

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Hello again, Jude:

AIN'T no buts about your love for moi!

I didn't say it WOULD happen. I only said it COULD happen. It's better than walking away and doing nothing. Maybe under the threat of having to re-write the check for DOUBLE the amount, they might acquiesce. I don't know. It's worth a shot. We don't know WHEN the check was issued, but we certainly agree about her remedies IF the check was written BEYOND the required date.

I suspect that the ex owes the OP quite a bit of rent. Consequently, he's not really entitled to ANY of the deposit. Bribing him is galling, and of course, NEITHER of us is going to suggest that she just sign his name.

But, I wonder what would happen if she just endorsed the check with her name, and put it in the night deposit. It MIGHT go through.

excon

Hey, thanks to both of you! The company wrote the check 60 days after the end of the lease, so they did violate the 30 day rule, no question. And honestly, it took a lot of fighting just to get the darn thing. I can't find anything in PA Rental Laws where it specifies that the security deposit legally has to go to both people on the lease, is there a section that says that, or is it one of those things that's just "known"? I did endorse the check and tried to deposit it, the bank woman said no, a joint checking account is needed, not just my ex's signature on the check. I'm just frustrated, I left that apartment in very good condition, and I feel like I shouldn't have to be fighting them like this. But I do appreciate your input, both of you!

It is just contract law, the lease is in both names, so the check goes to both.