Q: Overpayment issue with rental company & bank endorsement requirements in Ohio
I accidentally made an overpayment of approximately $2,000 from my bank account to the rental company for last month’s rent. Approximately $500 of that amount was used to pay for my ex's portion of the rent, even though he had agreed to cover his share. The rental company sent a check with the names "his name, my name" to me, and the bank interpreted the comma as "and," requiring both endorsement signatures. My ex, who is also on the lease, is refusing to sign, and his family is ignoring my requests. The bank stated they need his endorsement signature to proceed, but he is unwilling to cooperate. The rental management company has said it was "not their problem," even though they initially assured me the check would have only my name on it. There are no written agreements with the rental management company regarding the issuance of checks, and only official lease documents with the management company exist. What legal actions can I take to resolve this?
A:
Many more facts are needed to answer this question. When you refer to your ex, are you referring to an ex boyfriend or an ex husband? If it is an ex husband, is there a final divorce decree including a separation agreement, or is this a pending matter? When you say that your ex agreed to cover his share, was that agreement in writing?
If there is a final divorce, then the divorce decree and separation agreement probably has a clause within it which requires each of you to sign necessary paperwork and hold each other harmless. In which case your remedy would be to file a motion to enforce that agreement with the domestic relations court. If this is a matter where the parties were not married, then it is likely you would need to file a suit against your ex, requesting relief in the forms of reimbursement and specific performance of signing the check. Good luck.
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