Re: My apartment signed my roommates out without my consent and sent the deposit to the wrong person

"nkerio" <najikerio@gmail.com> wrote in message 
news:05b67ab0-233c-4944-a133-7241e0821cc9@m45g2000hsb.googlegroups.com...
> Hello,
> I'd appreciate any help regarding this. It's a little bit of a long
> story. I'll try to make it as short as I can.
>
> In April 2005, I had to move out to my old apartment and relocate. I
> had one month left on the lease with my roommate (let me call him P).
> To avoid wasting the last month's rent, I found someone (let me call
> him A) to take over for the last month and pay (maybe my biggest
> mistake). Mind you, the apartment still had my part of the deposit
> money + a credit of around $500 (which I won't get into). The
> apartment rep had told me that the money has to be either paid by A or
> paid by the apartment to me once they sign out. So as not to get
> screwed, I left my name on the lease as the rep suggested. So on
> paper, I was still a roommate but physically I was not.
>
> One year passed of me trying to hunt down A to no avail. I still
> thought it would be resolved when they move out anyways, and I would
> get my money back, so I didn't hurry or panic. To make it a bit
> messier, the 2 defaulted on paying for one of the months (claiming
> they thought 2nd month was free), and my credit of $500 was used up.
>
> The time came when they had to move out in May 2006. Here's where it
> became really messy. By then I was in touch with the apartment reps,
> reminding them that most of the money they held and more belonged to
> me, and that I need to resolve this matter before everyone signs off
> the lease.  They said "sure, we have to have you approve" . Despite
> that, they signed the 2 off without notifying me, or getting a
> signature. I asked about the deposit check. It was send to P, and they
> claimed that the check showed to be deposited. I called P and he
> claimed that he attempted to cash the check, but it was sent back to
> him because 2 of the signatures were missing. I didn't know who to
> believe. Another 2 years passed with me trying to chase A and P, to
> face more excuses.
>
> I'd like to know, first, if I have a good case. It seems to me that I
> do.

Not bad.  If P is also named on the lease along with you as tenants, the 
landlord should have made out the check to "Nkerio and P" to be safe.  And 
maybe the check bounced.  And maybe they lost the records.  So sue them and 
see what happens.

> Is it too late? I live in Michigan.

The statute of limitations in Michigan is 6 years if the following website 
is correct, and if there is no other statute pertaining to security deposits 
and similar credits and if the lease doesn't say anything to the contrary. 
http://www.cardreport.com/laws/statute-of-limitations.html

> Wouldn't it be better to sue
> the apartments rather than A and P?

Sue them all at once, or sue the ones that you can find and who can be 
easily served.

> Can I sue without a lawyer, and
> would it be a good idea?

Yes and yes, in small claims court.

> The apartment has a case of gettting sued by
> a lot of tenants, being as disorganized as they are, so does that
> record work against them?

Not unless they lost the records in your case.  Otherwise their history is 
not relevant.

> If I hire a lawyer, are my lawyer fees
> usually reimbursed?

Only if the lease says so.

> Is there a way to notify the apartments of a
> coming lawsuit in pursuit of a settlement?

There is no good reason to do that.  Just file the lawsuit, get the papers 
served, then go to trial.

This answer must not be relied on as legal advice for the reasons posted 
here:  http://mcgyverdisclaimer.blogspot.com .  And I am not your attorney.

McGyver