[virtuo]

I am seeking some information and possibly legal counsel for a landlord/tenant
Issue which I cannot find an answer to.

I am 28-years old and live in Amherst, MA. I currently rent at a complex owned
By a larger corporation, based out of Boston, and managed on-site. My roommate
And I, whom are friends and not-related, signed a lease in August of 2005 and
Are currently within our 3rd 12-month lease term. We paid a security deposit
Prior to the commencement of the lease and after the first-year, were paid the
Interest on the security deposit. The check was paid to the order of myself and
My roommate--on one check. We both signed the check and cashed it. In
September/October of 2007, a security deposit interest check was received,
Addressed and paid to the order of my roommate ONLY. I didn't find out until I
Questioned the office and they told me that they submitted the check and was
Issued to my roommate. I formulated a letter in writing first asking that they
Submit separate checks, then realized that they cut one check last year and asked for one check with both
Names. They responded and avo
Ided the bottom line--I submitted 3 letters total, with no response. When
Questioning my roommate, he told me he received it, I saw it once, noted that
His name was the only payable name on the check and that it was to the attention
To him on the notice. I never saw the security deposit given to me.

Further, in the letters that I submitted to the landlord, I requested that they
Update their banking information for the location of the security deposit. The
Apparently never understood my question because they claimed they didn't "get
the meaning" of the question. I broke it down further and stated that upon
Commencement of the lease, it was stated that the location of the security
Deposit was at a Fleet Bank, at a such address in Boston. Obviously, Fleet Bank
No longer exists and they would either be Bank of America, Sovereign or another
Banking facility. Upon checking that address where the Fleet Bank was, it was noted that there is now a law firm. I received no response.

I first, would like to know where the law resides in this case and if it's wrong
Of me to ask for the security interest to be paid on one check, payable to any
Tenant over the age of 18, that signed the lease. I am under the understanding,
That technically, I could go back and say I never received the monies. I'm not
Sure what to do about this. Further, I also know I can request the security
Deposit back in it's entirety and sue for 3 times that amount.

I am wondering where I stand with this. Any help you can provide would be
Beneficial.

[ScottGem]

I couldn't find the law on security deposits that you refer to. Many states do have a provision that specifies how the security deposit can be used and holds penalties for landlords that don't follow those rules.

However, they generally pertain to moving out. So I don't know whehter you can claim triple damages because they didn't revise the location of the account.

Now, while they should either issue a joint check or individual ones, are you claiming your roommate didn't share the interest with you? In that case your actions are against your roommate.

If your roommate cashed the check, then it was his responsiblility for sharing it. I don't think the law would allow you to hold the landlord responsible.

[virtuo]

I couldn't find the law on security deposits that you refer to. Many states do have a provision that specifies how the security deposit can be used and holds penalties for landlords that don't follow those rules.

However, they generally pertain to moving out. So I don't know whehter you can claim triple damages because they didn't revise the location of the account.

Now, while they should either issue a joint check or individual ones, are you claiming your roomate didn't share the interest with you? In that case your actions are against your roommate.

If your roommate cashed the check, then it was his responsiblility for sharing it. I don't think the law would allow you to hold the landlord responsible.

Shouldn't they have ISSUED both names on one check for the security interest? Or, in other words, all parties over 18 that are on the lease?

In MA, If they refuse to update their banking information for the location of the deposit and you request it, then you can request the deposit back and then sue 3 times that amount.

[ScottGem]

I would say that they SHOULD have issued the check to all parties on the lease jointly. What I'm not sure of, is whether this mistake would be actionable under the law.

Again, you refer to this MA law about the bankling info, but you don't give us any cite for it. I would have to read the text of the statute before I can say that you would be within your rights.