Ex roommate or ex landlord lying

[NickCarnahan]

How do I go about getting our part of the deposit back in a 3 way problem? Me and my fiance signed a year lease, and so did my sister. The lease ended on March 8th, it is now past the 60 day mark as allowed by law and our ex landlord states he still has not received last payment or keys from my sister. However, my sister says she has sent them a check 3 times now. The bad part is that on the lease it says each person is jointly and individually responsible for all terms and addendums on the lease. We don't know who is lying but one of them is and all we want is to do a walkthrough but it is hard to do that when it is very difficult to contact either party and have no proof if he in fact did receive payment or if she did in fact send out payment. Do we take both of them to court or just pay the last part of that rent ourselves to avoid any trouble? We have tried negotiating with landlord but to no avail, no response every time we try to do that. Very frustrating!

[AFFA]

I wish to inform you that you can give a legal notice of termination of contract to both the landlord and your sister. You can also inform landlord to take over possession of the premises. If they do not resolve the matter, you may file a lawsuit for the resolution of dispute. You may show all the facts to the Court which prove your viewpoint. The Court will consider all the facts and decide the matter.

AFF

[NickCarnahan]

The term of the lease has already ended. That's the problem. One of them is being shady and I have no idea who. We paid our part of the last month's rent and sent the key, so now we are waiting to hear from landlord who states they haven't received her part. But neither party will contact us so that we can go further. So I am not sure what exactly needs to be done at this point because he still has our part of the deposit.

[NickCarnahan]

Or what would be a legal notice of termination? A letter stating we don't want to be a part of that contract?

Originally Posted by NickCarnahan How do I go about getting our part of the deposit back in a 3 way problem? Me and my fiance signed a year lease, and so did my sister. The lease ended on March 8th, it is now past the 60 day mark as allowed by law and our ex landlord states he still has not received last payment or keys from my sister. However, my sister says she has sent them a check 3 times now. The bad part is that on the lease it says each person is jointly and individually responsible for all terms and addendums on the lease. We don't know who is lying but one of them is and all we want is to do a walkthrough but it is hard to do that when it is very difficult to contact either party and have no proof if he in fact did receive payment or if she did in fact send out payment. Do we take both of them to court or just pay the last part of that rent ourselves to avoid any trouble? We have tried negotiating with landlord but to no avail, no response every time we try to do that. Very frustrating!

Easy enough for your sister to prove 3 checks were written--and to prove they were cashed or not. For my money's worth, her not doing this is a big red warning flag, and I'd tend to think she's the one who is not being truthful. Seems like you'll end up in court anyway, and your relationship--whatever kind you had with your sister--is going to be forever changed. My money is on your sister because she chooses to not prove anything.

[Friend In Court]

Originally Posted by NickCarnahan How do I go about getting our part of the deposit back in a 3 way problem? Me and my fiance signed a year lease, and so did my sister. The lease ended on March 8th, it is now past the 60 day mark as allowed by law and our ex landlord states he still has not received last payment or keys from my sister. However, my sister says she has sent them a check 3 times now. The bad part is that on the lease it says each person is jointly and individually responsible for all terms and addendums on the lease. We don't know who is lying but one of them is and all we want is to do a walkthrough but it is hard to do that when it is very difficult to contact either party and have no proof if he in fact did receive payment or if she did in fact send out payment. Do we take both of them to court or just pay the last part of that rent ourselves to avoid any trouble? We have tried negotiating with landlord but to no avail, no response every time we try to do that. Very frustrating!

If your sister says she paid by check, then she has proof through her bank statements. Since presumably she is owed part of the deposit, she should be as anxious as you to prove the rent was paid so she can get her money back.

If you cannot get the facts out of your sister, then you will have to take them both to court so the truth will out.