Old Roommate Won't Give Me My Half of Deposit: Legal Advice Needed!

I moved out of my apartment and took my name off the lease while my roommate stayed. We spoke about it, and agreed that his new roommate, who was going to move in shortly, would just send me a check for $250 so that it would be his money in the deposit and not mine. He refuses to send it now.

The total deposit is $500, with half of it being mine and half being my old roommates. The name on the check for the deposit was mine (if that makes a difference). The landlord said that since I moved out and he stayed and renewed the lease, the deposit stays too.

Nothing is in writing, unfortunately. Am I out of luck or is this partly the apartments fault. I do not know how I could've avoided this. If the roommate renews the lease without the name on it I have no power to get it back?!

Please leagally advise. I live in Washington State.

Oral agreements are binding...
Based on what you say here, you could file suit against him (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney...you could try to collect all of the costs and damages that you suffered due to his behavior...

You will get nowhere doing that. You can't prove oral agreements in court unless the roommate states that you both agreed to reimburse you for your share of the deposit. Otherwise, it is your word against his in court.

The LL is correct in keeping all of the deposit. The deposit is for the possible damages to the unit. Since the unit is not yet vacant, there is still a chance of damage to it. He is not obligated to release that money until the unit is vacated. About your only option is to write to the LL and let him know that you have not been reimbursed for your half of the deposit from the other roomate, so you still have your half of the deposit on file with the LL. Inform him that half of the deposit is to be sent to you upon vacating the unit. OR if he will not do that, to make out the deposit check to the roommate AND you so that you both have to sign that check to cash it. Let the LL know that the new roommate has no money on deposit with him unless he turns in a new deposit. If he does so, you would like your hald reimbursed to you.