landlord/tenant law
I moved out of a 3-roommate rental in Alaska on April 30. The lease runs through end of June. I had legal grounds to terminate early (long story, documented in writing) and the property manager verbally told me I could "move out whenever you want" on a recorded phone call.
The deposit was split three ways. My share was $900. At lease signing, one of my roommates wrote the full deposit check to the property manager and I Venmoed her my share the same day. So his records show her name on the check, but I have the Venmo receipt, and his own employee acknowledged my share out loud during the move-out walkthrough.
The 14-day deposit return deadline came and went with no refund and no itemized statement. Two hours after the deadline he emailed me a "lease amendment" that basically says if I sign, I get nothing back and I waive every other right I have against him. I would have to fight the tenant I paid for my deposit back basically. I haven't signed.
Today he started calling and texting. His position is: "I don't have your deposit. Your roommate has it. My records show all your payments went to the owner, not to me. Go settle with her." He also said his attorney told him "absolutely no liability at all," and that he is leaving town for two weeks.
- Can he actually get away with the "your roommate has the money" defense in Alaska? My understanding is that the deposit is held in trust between the landlord and the tenant, and one tenant's deposit can't be reassigned to the other roommates. But he keeps insisting it's between me and her. He should be liable for sending the deposit back to me.
Thanks for any input.