How can I get my name removed from the lease of an apartment that I don’t live in anymore and get my share of the deposit back?

Me and my roommate lived in an apartment with a 12 month lease. When the 12 months were up we signed a contract with the leasing office saying we would leave the apartment and turn in the keys. Then after I had moved out and I was at the leasing office ready to hand in the keys but they said I couldn’t because they had extended the contract with my roommate, without my knowledge. My name is still on the lease and I cannot get my half of the deposit back ($1400) until she moves out, which could be in months, or years. Can I do something to get my money back?

Asked on December 11, 2011 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The best way to resolve the situation you are writing about and get the return of your money is to write your former landlord a letter stating that the lease that you signed was for 12 months and that you never signed any document renewing it.

In the letter, I would request the return of your security deposit by a set date and if not returned by then, your option would be to file a small claims action for its return. Keep a copy of the letter for future reference.

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