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

Answers:

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


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