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kujhawk48 · Oct 21, 2007, 09:14 AM

I resided with 2 other females for about a month and a half in 2006. Well, they REFUSED to let me replace myself with another roommate, so, after trying so hard to reconcile with no luck, I was stuck paying $280 rent each month until this last July.

Well, we got our deposit back, and go figure, they refused to let the deposit check be sent to me because they were afraid I would take the whole thing. I just wanted my part of it. Well, it was sent out in early September sometime, and big surprise, I have not seen a dime of it.

I have already talked to the leasing company, and the most that they can do for me is give me a copy of the deposit return, which they did.

My question: Should I write the person who got it returned to them a letter letting them know the amount of money I want, or should I file in small claims court?
I realllllllly do not want to go through court, but it's a little over $300, and when you're a broke college student, that sounds like a million bucks!

If you could give me suggestions on how YOU would handle this? I would appreciate it! I've given this girl long enough to send me back my money with no luck, and something needs to be done now. *sighs*

ScottGem · Oct 21, 2007, 09:36 AM

Start with a letter. You really can't bring suit without some attempt to collect.

JudyKayTee · Oct 21, 2007, 04:21 PM

Originally Posted by ScottGem

Start with a letter. You really can't bring suit without some attempt to collect.

This is not true in small claims court - it is smart business but not a requirement. The demand letter sometimes works against you in Court - be very, very careful how you phrase the letter.

Who was the check payable to? Did someone forge your name in order to cash it?

Who paid the security - was the landlord aware 3 people paid and 3 people should receive the refund? (Was the security paid in 1 check from 3 people or in 3 checks - ?)

Your former roommates had a legal right to find a replacement when you left; it's too late to argue that now but they can't just leave your 1/3 "empty" and expect you to pay for it. They also have to be reasonable.

Would I go to small claims court - I sure would. If someone forged my name I would also go to the Police.

kujhawk48 · Oct 21, 2007, 08:50 PM

We each paid the deposit with 3 separate checks, but the landlord could not pay us each back with 3 separate checks.

Also, the deposit was returned to Jody, so she was the only one who could cash it, and then send Krista and I our parts.

As for the subleasing deal, for someone else to replace my part of the lease, we all had to sign in agreement, and they refused to sign, so I was stuck on the lease. :(

Any suggestions to how I should phrase the letter? Thanks so much!

ScottGem · Oct 22, 2007, 05:38 AM

Dear Jody,

The landlord informed me that he returned the full deposit to you in one check. I haven't received my $xxx share as yet and wanted to check when you sent it. Please let me know ASAP.

I hope we can settle this amicably.

JudyKayTee · Oct 22, 2007, 08:03 AM

I absolutely agree with Scott - might throw in "where you sent it" as well as when you sent it. Sounds like you think she sent it - where is it (The landlord is not correct; received the security in 3 checks, should have returned the deposit on 3 checks. Don't know why he/she is saying could only cut 1 check - ?)

Keep the letter friendly and keep in mind it could be brought into Court so be sure the dollar amount is correct and what you are expecting -

kujhawk48 · Oct 22, 2007, 09:17 AM

You guys are awesome. I appreciate it!!