Finally, the majority notes that the cotenant previously demanded the return of his portion of the security deposit, which request was denied by defendant landlord with the suggestion that he speak to his cotenant. My colleagues either overlook the legal significance of this piece of evidence, or implicitly determine that the issue may have been resolved. Either determination, to me, is not based on the law or the facts herein.
Here, the cotenant has already made a failed effort to obtain the return of his portion of the security deposit by unequivocally stating that he desires the return of those funds to him. I can think of no countervailing argument that would support the majority in their decision to award plaintiff the money that rightfully belongs to plaintiffs cotenant.
Pesce, RJ., and Rios, J., concur; Golia, J., concurs in part and dissents in part in a separate memorandum.