QUESTION

Question about security deposit refund

Asked on Sep 06th, 2024 on Energy - Arizona
More details to this question:
I received a security deposit refund from RPM Living, a management company. At the time of application I had a co-signer. For the last few months of the lease someone subleased. They made a check payable to all 3 of us with the words "and". I asked if they could reissue with just my name and they said they can't. I either want to ask them to issue three separate checks or put or. I was the one that paid the security deposit in full and sent them a bank statement showing that I was the one whose account it came out of. This was my money, not theirs. The co-signer didn't pay a security deposit and the girl who subleased didn't need to pay one either. I'm no longer in the same state as these girls. It's required that all 3 of us be there to endorse it in person. Is there any around this?
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1 ANSWER

Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
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Unfortunately, when there are multiple tenants, the LL returns the sec dep to ALL of the tenants collectively. They have no interest nor obligation to sort out what tenant is owed what from the sec dep. The interesting issue is that a cosignor, as opposed to a contractal co-tenant, shoud not have any interest in the sec dep nor should a "subleasee" because their agreement is with the tenant they lease from and not the LL. You will need to retain a lawyer to review your records and determine whether there are agreements between you all collectively making you ALL tenants to the LL. 
Answered on Sep 06th, 2024 at 1:02 PM

All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.

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