QUESTION
Can my management company refuse to reissue a security deposit check that my ex-roommate lost?
Asked on Jun 03rd, 2013 on Landlord and Tenant Law - North Carolina
More details to this question:
My last landlord issued a check in both me and my roommates names. I did not find out about this check until over a year later. She voided it and threw it away and when I asked the rental office to reissue the check they refused. Is this legal in that I was never notified of the check?
3 ANSWERS
Litigation Attorney serving Bakersfield, CA
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Dessy & Dessy
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If both you and your roommate were on the lease, the management company should issue a replacement check to both of you directly. If the management company no longer manages this property, then you will need to contact the owner or new management company.
Answered on Jun 04th, 2013 at 12:08 AM
Lisa Hurtado McDonnell
They required by their lease to refund a deposit if you met the terms of the lease. They should have split the deposit and issued to check. You can take them to small claims.
Answered on Jun 03rd, 2013 at 9:46 PM
Family Law Attorney serving Durham, NC
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Morelos Law Firm
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If you are in fact owed a portion of that money and the landlord is not even claiming that she kept it due to damages or unpaid rent, then you may want to consider taking her to small claims court. The maximum you can sue for is $5000. You would want to gather whatever evidence you can first, such as a copy of the lease, any letters between you and the landlord, etc.
Answered on Jun 03rd, 2013 at 9:30 PM