If my rental deposit return check it is made to both me and my ex, how do I get a check in my name only?

My ex and I both signed the lease but the money for the deposit came from my credit card. I had a check issued in his name from mycredit card bill pay (I thought it would be odd to bill pay myself). On the date we signed the lease, I have a bank receipt from when he cashed the check on this exact date, along with the store receipt for the money orders totaling the exact amount for the realtor. Also, I paid every month’s rent. Is there any way I can sue or something to get the check in my name? My ex won’t contest this but he won’t give statement of support either.

Asked on November 29, 2011 under Real Estate Law, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The best way for you to deposit the check from the return of your deposit made out to you and your former boyfriend is for him to sign the check and make it payable to you. You then both go to your bank and deposit it.

If the teller has any questions about the jointly issued check and the signature on it besides your own, he will be there to provide an explanation and identification so that you can deposit the entire check in your own bank account. That would be the easiest way for you to get the money owed you taken care of.


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