Couple slpits up what happens with the security

Couple slpits up what happens with the security by Scott on July 30, 2014 @21:32

I rented an apartment to a young couple one year ago. They split up a few of weeks ago and she left. She called last week and explained the situation and does not want to be on the lease renewal and also wants 1/2 of the security deposit returned. He called called with same story, wants to renew the lease but did not mention the security deposit. My lease agreements do not currently address this situation (that is going to change). I could not find any information in Pa. Landlord/Tenant Act and my attorney is out of town. I'm not sure what is the proper way to handle this. Any suggestions?

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Re: Couple slpits up what happens with the security by anonymous on July 30, 2014 @22:00	[ Reply ]

The answer should be in your lease. Was it a fixed term lease? Does it roll into a month to month if you accept full or partial rent from one or both tenants? If a fixed term that ends on a day one year from the original date of the lease, then no notice is needed to have the people move out.

Re: Couple slpits up what happens with the security by John (NY) on July 30, 2014 @23:20	[ Reply ]

Your lease agreement does not need to address this situation since both parties on the lease remain bound by the agreement. No security gets returned until you get your rental back clean and undamaged. Period. If she wants half the deposit back, she can work that out with her husband. People need to understand that when they sign a lease, all the parties are obligated under the lease jointly and severally. That means each one of them is required to comply 100%.

Re: Couple slpits up what happens with the security

Re: Couple slpits up what happens with the security by Anonymous on July 31, 2014 @01:57	[ Reply ]

Does he qualify on his own? Do you want to continue renting to him alone? It might be easier to just not renew the lease if he isn't that great of a tenant or doesn't qualify on his own. Then return it to both of them and they can work it out themselves how they handle cashing it. I don't think most tenants understand the return of a security deposit and that they don't get to just ask for their "half" because they leave. If you're going to keep him as a tenant, you can renew the lease without her, but she is not entitled to a deposit refund from you. She can work it out with her ex. Deposit is yours until BOTH leave. I had a similar situation with a roommate in college but it was an apartment community. If she hadn't been willing to move to a different unit (which she did) my portion of the deposit would have stayed with her and the apartment. Since she was moving to a 3bd unit with two other roommates anyway it worked out well for us.

Re: Couple slpits up what happens with the security

Re: Couple slpits up what happens with the security by Bill on July 31, 2014 @11:10	[ Reply ]

When you renew the lease get a full deposit from the remaining tenant. Take the old deposit and deduct for whatever repairs for whatever damages exist. Then make the check out to both the man and the woman for whatever remains. It is not your job to referee their disputes. If your existing tenant complains tell him it is what the law requires. When you renew, make it clear that the woman is not moving back in or any other tenant without your approval. If you acquire a new tenant you should get him or her to sign a statement that they have not contributed to the deposit and will make no claim against it.

Re: Couple slpits up what happens with the security by anonymous on July 31, 2014 @21:42	[ Reply ]

The security deposit stays with the lease until the lease ends. If one person only stays as a resident with a new leasing agreement, the deposit would be returned to the two previous residents (minus deductions).

Couple slpits up what happens with the security - Landlord Forum thread 322087