What to do about a deposit check made out to both my roommate and myself?

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What to do about a deposit check made out to both my roommate and myself?

I recently moved out of an apartment; I lived it in for 9 months and the first 7 of them by myself. I lthen et a roommate move in for the last 2. I followed the rules and put him on my lease. Well, my refund check is made out to me and him. However, he is in the hospital after having a tumor removed from his lungs and is now battling a collapsed lung. There is no way for me to deposit or cash the check without him there. Do I have any rights for getting the money or am I screwed until and if he gets out of the hospital?

Asked on October 23, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your options are with respect to the jointly made check and your roommate's situation are as follows:

1. contact your landlord and ask him to issue two separate checks for the amount due you and your roommate and return the one issued jointly;

2. visit your roommate and have him sign the check where you deposit it and give your roommate what he or she is entitled to.


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