Me and my boyfriend are breaking up. and i put half on the deposite for our apartment. can i get that back??

Question

my mom is the one who wrote him the check for all of the deposite money. does that help?

Answer 1

Sounds like you're moving out & he's staying?

Ask him for your half of the deposit.  If he's decent he will pay you your half.  He'll get it all back when he moves out, assuming he complies with lease.

The LL won't give it to you as long as he's still in apartment.  Also if you're on the lease, talk to LL to see if you can get off lease as you're moving out.

Answer 2

You need to know who is the primary lease holder. There is a primary lease holder and lease occupant on rental agreements. The primary lease holder is the one in charge of getting the deposit back and in charge of the fulfillment of the lease contract. Who stays, who gives notice to vacate etc who is entitled for deposit refund. Ask your landlord who is the primary lease holder on your place. If your Mom is the one who wrote the check for him, then technically he was borrowing money from her in the first place. If he payed it back to your Mom then that would not be a factor with the landlord. That would be a separate issue between him and your Mom. I hope I helped.

IN the future, it is not wise to move in with a boyfriend if not engaged or have not had discussion of marriage previously before moving in. I have done that and never will again. Luckily though, I was smart that I only had the ex on my lease as an occupant and not as a lease holder. He did not know that as I had done it this way on purpose if things did not work out. So it was very easy for me to have him move out of the apartment on my own terms without the leasing office being involved! So he had no part in the deposit refund ;)

At least you have your Mom helping you as that is a good Mom ;) My mom does that too. I hope your boyfriend on the departure of this situation is not being an a$$hole.

Answer 3

Give a 30 day notice to your LL that you're moving out.  Whether your bf want to stay, he'll need to talk to the LL and may have to get qualify again. Make sure your name out of the lease so you won't be responsible for any future non-pay rent. Your LL or bf has to give you back your half deposit. You three have to sit together and discuss the solution.

Answer 4

It doesn't matter who wrote the check or where the money came from. It depends on whose name the apartment is under. If the apartment is under your name you should get your deposit back. If it is under you boyfriends he gets the money. and you will have to demand your half of the deposit back from him.

Word to the wise. Never move in with your boyfriend. This is for married people only. You are only asking for problems.

Answer 5

it depends on if he is staying or not.

if he is staying - no security deposit is paid until all tenant's have vacated.

if he is leaving too - it is between the two of you.  The landlord doesn't care who paid what.  They just give back one check to one of the tenants, and that is the extent of their responsibility.

Answer 6

If your both on the lease, the deposit will not be given back until both of you vacate the apartment.  Also, you may be responsible for any future rent due if you have not received a release from the landlord.