Former roommates actions.

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Former roommates actions.

My former roommate recieved the security deposit check & has stated that I will get my portion of the check when he decides, he has changed his phone number and has not contacted me since recieving the check, is that considered withholding mail and or is it in violation of any laws? What action can I take?

Asked on June 15, 2009 under Business Law, California

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

if the check was mailed to you and addressed to only you than it is considered a federal offense to open another persons mail. If however it was addressed to him or both of you he had a right to open it. As far as who is entitled to the money that is an issue between the two of you based on what was originally agreed on, who paid it at the beginnings etc.

The problem you will run into is that I doubt any agreement was written so that means it is up for interpreation of the he said she said with regard to who is owed the money. What you can do if you believe you are rightfully entitled to half is contact a local attorney who may be able to contact your old roomate, explain that half the money is yours and simply try to go about it that way without actually tarting an action. I cannot think of a cause of action you would be able to pursue but again a local attorney will be best to help you if there is anything that can be done. good luck

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, it's not withholding mail, it's withholding money, and you'll probably have to sue him.  It doesn't sound like he has any intention of ever paying you, otherwise.


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