Return Security Deposit? - Landlord Forum thread 350842

Return Security Deposit? by LL_Florida (FL) on February 25, 2017 @03:00

I have a tenant who moved in with her boyfriend initially. Each paid half of the security deposit. After a year, the boyfriend went crazy and was arrested, jailed and given a restraining order to stay away from the girlfriend. In order to stay in the property, the female tenant had her adult son move in. The boyfriend who got arrested wanted his deposit back. I told him he'd have to get it from the tenant who took his place (the son). He never did. Now the female tenant is moving out with her son.

Should I give her back the entire deposit or only her half? In my opinion, the boyfriend forfeited his deposit when he was arrested and had a restraining order put on him, and since the son never gave me any deposit nor gave the boyfriend his deposit, I don't see how I can give the female tenant her deposit AND the ex-boyfriends.

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Re: Return Security Deposit? by Anonymous on February 25, 2017 @07:12	[ Reply ]

"In my opinion, the boyfriend forfeited his deposit when he was arrested and had a restraining order put on him" Your opinion on the handling of security deposits is irrelevant, and can land you in serious trouble. A tenant can never forfeit their security deposit. That said, was the ex-boyfriend ever removed from the lease?

Re: Return Security Deposit? by Garry on February 25, 2017 @08:09	[ Reply ]

I agree with the anon. A security deposit is never "forfeited". It is "used" by the LL to pay for any damages and/or unpaid rent left by any of the tenants when they move out. If there is any deposit left to be returned, then return it all to the LAST tenant to leave the premises, which in your case, would be the GF. The BF can go after his GF if he wants his half back. Some on this forum will say to return the check with both the GF and BF names on the check. I don't do that----last one out get the check with only their name on it. Those are their opinions, just like mine is. So far, no one has come up with any actual law saying to do it one way or the other. However, in my opinion. a LL should not be trying to make life more complicated for the former tenants, by trying to make them get the other's signature in order to cask a check.

Re: Return Security Deposit?

Re: Return Security Deposit? by AnonymousFL on February 25, 2017 @12:43	[ Reply ]

LL_Florida, When the boyfriend 'moved out' and the son moved in, were any changes made to the existing lease and if so, how did you handle it? Did you 'redo' the lease and create a new one with the remaining tenant and son? Did you just add the son's name to the existing lease? Was the son of legal age (18) to enter into a contract? Also, did the boyfriend sign off on any lease changes (I assume not, but one can hope that you arranged for it)?

Re: Return Security Deposit?

Re: Return Security Deposit? by LL-Florida (FL) on February 25, 2017 @17:02	[ Reply ]

Just to clarify something. The BF was convicted of a felony (as a result of the incident causing him to be arrested to begin with) a few months later and actually spent a year in prison. If the BF was a single tenant and this had happened (his going to prison), I would think a judge would agree the BF forfeited his deposit because 1.) he was in jail and could not keep up rent payments, and 2.) he broke the lease by his illegal activity (he pulled a gun on a neighbor). When the BF contacted me after he was released from prison and wanted his deposit back, I told him it was up to the person (girlfriend's son) who took over the lease in his place. The son never gave the BF a dime, andI never received any additional security deposit from the son.

Re: Return Security Deposit? by Anonymous on February 26, 2017 @15:48	[ Reply ]

Sounds as you did not terminated the prior lease before entering into a new lease. You also failed to handle the security deposit correctly as to Florida law. As of now, the boyfriend can take you to court for three times the rental amount, court cost and lawyer fees or more as provided by Florida law as a penalty for landlords who do not follow security deposit laws. Somewhere along the line, the boyfriend might find this out and come after you. Florida law does not provide for forfeiture of a security deposit and have penalties for landlords who attempt to do so.

Re: Return Security Deposit? by Anonymous on February 26, 2017 @21:29	[ Reply ]

If there are no damages and they did not stay past the move out date, pay half to the girlfriend and pay half to the guy. That is how it was given to you. If she chooses not to get it back to him, it is not your concern. I would copy both checks for my records, so if there is ever any question, you have proof the security deposit was given back. Give her back both checks and let her deal with it. If she destroys his check, not your problem.

Re: Return Security Deposit?

Re: Return Security Deposit? by Lisa Allen (Oregon) on March 3, 2017 @13:26	[ Reply ]

I agree with G. And I don't think you need worry about the BF being officially removed from the lease, he violated his agreement to the lease when he went crazy and got arrested. Domestic violence creates unsafe environment for other tenants. He broke HIS part of the lease agreement.