The letter submitted into evidence makes it abundantly clear that the cotenant did not assign his rights to plaintiff and consequently still retains possessory interest over those funds. Had both tenants commenced an action as to their respective claims at the same time, I would then submit that the majority would have given judgment in the sum of $1,100 to each of them. The mere fact that the cotenant has not filed his claim as of this time should not affect the outcome of this plaintiff’s case, nor the cotenant’s case when commenced.
*36I note that the majority raises three grounds to support their findings. First, that this court “should not speculate” as to matters not raised by the parties, such as restricting the return of only half of the security deposit. I submit the issue was raised, and further buttressed as shown by the cotenant’s letter which was introduced into evidence in the court below.
Second, the majority points to the fact that defendant made a settlement offer to pay $1,700 of the $2,200 deposit, which is clearly more than half. Offers of settlement by the defendant have no legal effect and therefore should play no part in this court’s determination. Even so, it is just as reasonable to find that the offer was for both defendant and her cotenant equally, that they shared the security deposit for the tenancy and likewise should share in the cost of the alleged damages occasioned by that tenancy, equally dividing the balance.