What to do if my security has not been returned since moving out of my apartment almost 3 months ago?

I lived with a roommate and we each provided separate checks for security to our landlord. My check was double hers as she was using a guarantor and I was not. My ex-landlord finally replied, last month with the total amount to be paid back deducting electric and a cleaning fee. I have still not received a check. What rights do I have against them and to get the deposit back that was agreed upon? Also, is it valid to say that my roommates check and my check should be treated separately, especially if she is disputing her amount. That should not affect my deposit because the deposits were given to the landlords separately and should be treated as such, correct?

Asked on September 25, 2012 under Real Estate Law, New York


S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to send a demand letter to your landlord requesting your security back. If she does not respond after 30 days you will have to sue her in small claims court. The issue of the separate security deposits are different. I am not quite sure what arrangement you had with the landlord as to the two separate security deposits. However, any deductions from the security can be deducted from the total security deposit returned. The issue of the amount of security deposit returned to each roomate individually is between you and your roomate

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.