Can I demand my landlord to return two separate checks for the security deposit one to each tenant on the lease?

4 views 1 answers
I signed a lease for an apartment with another individual. We were both tenants on the lease, shared equal responsibility etc. At lease signing when we pad the security deposit we each gave our own personal checks to the landlord. I demanded the landlord give me my amount back instead of returning it all together to my co signer. Can she refuse this? She says she will give it to my cosigner since she singed the W-9 form. I was, however, never informed of this form and it was filled out much later than our lease was and took no part in our agreements within the lease.

Attorney Answer

1
Elazar Aryeh ·
As long as there was nothing in writing informing the Landlord of your intention to get back your checks separately, the Landlord can return the security to either party. However, I would suggest you send the landlord a certified letter requesting the return of your share of the security and communicating your intention to sign a W-9. In addition, advise him that if he returns your share to the co-signor, you will hold him responsible, in the event the co-signor does not return your share. For this or any other questions, please contact us at [email protected] or 718-261-0210. The author of this posting is licensed to practice law in the State of New York. This posting is intended as general information only, and is not provided as legal advice in connection with any specific case, and does not create an attorney-client relationship.
0 upvotes