QUESTION
Am I legally required to split the security deposit with him if he so chooses to try and demand it?
Asked on Jul 22nd, 2013 on Landlord and Tenant Law - New York
More details to this question:
My now ex-boyfriend and I moved into an apartment together last October and broke up last month. When we moved in, I completely paid the security deposit myself, with my own check from my account and have bank statements proving there were no deposits made other than Direct Deposits from my job. My ex was working a minimum wage job at the time and had no money saved up, whereas I still had money from my tax return and job saved; absolutely nothing came from him towards the deposit. Through these last 10 months we have both been paying half of the rent and bills fairly. Thank you.
6 ANSWERS
Why do you think he would be entitled to get half of the security deposit since you put up all of it? It was your money so it should be returned to you. Get your boyfriend to agree in advance, however, since the landlord will not want to be caught in the middle and will not give it to you only if he/she is not sure you are the only one with a legal right to it.
Answered on Jul 24th, 2013 at 12:49 AM
Litigation Attorney serving Bakersfield, CA
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Dessy & Dessy
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Your ex-boyfriend has no right to the security deposit. However, the landlord may insist on issuing a joint check, which could cause complications.
Answered on Jul 23rd, 2013 at 11:14 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Probably not. On the other hand, the landlord may make the check out to the both of you so what will it cost to get him to endorse it?
Answered on Jul 23rd, 2013 at 9:36 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Sounds like its your security deposit, and who ever lives there pays the remaining rent and expenses.
Answered on Jul 23rd, 2013 at 9:12 AM
No, it seems that you should get all of the security deposit.
Answered on Jul 23rd, 2013 at 9:11 AM
Ernest Jerome Dubose
No you are not required under NY law to split a security deposit with a person who do not pay it. The person who paid the security deposit is entitled to it.
Answered on Jul 23rd, 2013 at 9:11 AM