How do I go about getting my deposit back?

I moved out of an apartment where I was on the lease with 2 other people. The end of the lease was Jan 09 where I gave enough notice that I was not going to renew the lease. However, one of the roommates stayed. The property manager has a policy to return deposit only when the unit is emptied. The ex-roommate has not returned my deposit. How do I go about getting my deposit back when the ex-roommate is saying I need to get it from the property manager and the property manager is saying I need to get it back from the ex-roommates?

Asked on May 19, 2009 under Real Estate Law, Hawaii

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your landlord should refund the deposit to you and collect a new deposit from the roommates that have renewed the lease.  In most states, there are laws requiring a landlord to return the deposit within 30 days you moving out of the property.  The law also generally states, that you are entitled to double the deposit money if he fails to timely return it, plus your attorney's fees and costs if you need to hire  a lawyer.  I would write a letter to the landlord sending it certified mail requesting the deposit and indicating the date you moved out of the property.  If the landlord faisl to respond, hire a laywer to sue for the deposit or file a small claims case yourself.  I think that the landlord should be responsible here.


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