Legal Question in Landlord & Tenant Law in California

Deposit amount after Lease breakage
Me and my friends were staying in an apartment and both of our name was on the lease. We broke the lease after 3 months. As the lease was on both of our name the Leasing office is saying that they will issue the cheque for the deposit amount in both of our names and It will be illegal on their part to issue the cheque in either one of our name.
And I checked with the bank and they told it cant be encashed as it will not match the account details.
So is there any way out so that the Leasing guys can issue a cheque in one persons name. Is it really illegal on their part to issue cheque in one persons name.Will any kind of authorization can solve this problem.
And moreover my friend is no more staying in US.

Asked on 6/06/08, 3:35 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

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Re: Deposit amount after Lease breakage

You can have your friend provide you with the original of a notarized and signed power of attorney (often that may be done at the U.S. consulate in that country), authorizing you to sign the friend's name to the check. Have your friend also provide you with a photocopy of his/her driver's license, passport, and any other identification that will help.

Answered on 6/06/08, 3:58 pm

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David Gibbs The Gibbs Law Firm, APC

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Re: Deposit amount after Lease breakage

The management company is doing this not to be difficult, but to protect themselves from a claim down the road from your roommate that he was entitled to half the deposit, and never received it. Without reading your lease, I cannot answer the question, but its very likely that the check must be issued to all parties to the lease. You could inquire if they would be willing to accept a notarized letter from your roommate giving the management company permission to issue the check to you only. The Notary's Acknowledgment would give them some level of assurance that you are not just ripping your roommate off.

I'd offer the letter first and see what they say. Again, without reviewing your lease, I can't say for sure if you have a right to demand the check in one name only - I doubt that is the case, but I could be wrong. Read your lease and see what it says about return of the deposit.

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Answered on 6/06/08, 4:10 pm

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