How do i get my security deposit back?

[chrissy9516]

Jurisdiction

New Mexico

My ex and I moved into a house on February 25th of 2017, with both of our names on the lease. I moved out on August 2nd due to an unsafe living environment for my daughter and myself. I paid the security deposit and first months rent from my 2016 tax return and I am wondering how I can get it back? My ex is going to stay in the house through the remainder of the lease, but he signed a new lease with the landlord with out my signature taking me off the old lease. I am not mad about the illegal resigning, but I do want my security deposit back as I no longer live there. Am I going to have to take my landlord or my ex to small claims court to get my money back??

 

[army judge]

Am I going to have to take my landlord or my ex to small claims court to get my money back??

Probably, unless someone returns it to you.

More than likely the person residing in the unit now is using your money to stay there.

If however, that person is your batterer or abuser, be smart and stay away from the bully.

Is the life of your baby, or your life worth even $1,000,000, much less a few hundred dollars?

I dare say not.

 

[chrissy9516]

Probably, unless someone returns it to you.

More than likely the person residing in the unit now is using your money to stay there.

If however, that person is your batterer or abuser, be smart and stay away from the bully.

Is the life of your baby, or your life worth even $1,000,000, much less a few hundred dollars?

I dare say not.

 

[chrissy9516]

I would usually agree with you but I am a stay at home mom and college student and i really need the money back. Should i give my landlord the 30 day notice of non return of my deposit or just go straight to small claims court? I've never done anything like this and I'm just trying to figure out the best way to go about it. Thanks!

 

[Highwayman]

You need to ask the landlord what he did with the deposit money.Chances are it's still being held. Did you and your ex pay the deposit separately?

 

[chrissy9516]

We paid the deposit and first month together on the same check on February 25th and my tax return was deposited into the joint account on February 23rd. Until that point we never had anywhere near the $1800.00 in our account as he was the only one working. My mom can testify that she was going to loan us the money for the deposit and rent, which I would pay back once my tax return came in, but it was deposited in time before the 25th.

 

[hrforme]

ex-what? Were you married at the time? was the tax money from a joint return (even though it was deposited into your account)?

 

[chrissy9516]

Ex boyfriend, we never got married and he hasn't paid taxes since I've known him. He works for his dad under the table.

 

[zddoodah]

I am wondering how I can get it back?

What did the landlord say when you asked this question?

My ex is going to stay in the house through the remainder of the lease, but he signed a new lease with the landlord with out my signature taking me off the old lease.

There is nothing (save for an eraser) that could "tak[e] [you] off the old lease."

Am I going to have to take my landlord or my ex to small claims court to get my money back?

Nothing in your post suggests you have any claim against your ex relating to the deposit.

Should i give my landlord the 30 day notice of non return of my deposit or just go straight to small claims court?

I don't know what "the 30 day notice" refers to, but I think it would be foolish to sue without taking more informal steps to resolve the issue.

 

[chrissy9516]

When I asked the landlord why I wasn't contacted when the new lease was signed I got no response. I'm not sure if he doesn't want to get involved (we now have a custody fight over our daughter) or of he's just a shady landlord, until now he has been great. In New Mexico, the landlord has 30 days to return my deposit to me, problem is I don't know when the illegal lease was signed. Would I need to send proof of the tax return deposit with the 30 day notice and when should I send it? 30 days after I moved out, my ex notified him, or 30 days from when I found out there was a new lease?

 

[zddoodah]

When I asked the landlord why I wasn't contacted when the new lease was signed I got no response.

I take it you did this by e-mail. Why not pick up the phone or pay him a visit?

Also, the question I asked was what did the landlord say when you asked about getting your deposit back. You didn't answer that question.

You're not going to like the rest of this....

I don't know when the illegal lease was signed.

Here's the thing: There's nothing "illegal" about the lease that your ex-boyfriend and ex-landlord signed. However, it's probably not an enforceable lease since it does not appear that the lease to which you were a party has been terminated. You moved out during the middle of the lease term, which is fine, but that doesn't mean the landlord has any obligation to return the deposit since the lease apparently has not been terminated. That the landlord and your ex-boyfriend signed a lease doesn't effect a termination of the lease to which you were a party.

Would I need to send proof of the tax return deposit with the 30 day notice and when should I send it? 30 days after I moved out, my ex notified him, or 30 days from when I found out there was a new lease?

It doesn't matter when you start the clock. Nor does it matter where the money for the deposit came from. When the deposit becomes refundable, it will be refundable jointly to you and your ex-boyfriend.

 

[txls]

You're probably better off that you are no longer on the lease. If he should stop paying the rent, or if he should damage the place, you are no longer responsible. You can ask the landlord what happened to the deposit, and my guess would be that it was rolled over into the new lease. I don't think the landlord is going to care who deposited what into your joint account. Once the funds were in the joint account, the funds belonged to both of you, it was no longer "your" money. I think at best you can try to demand 1/2 of the deposit back from the landlord.