Re: Return Security Deposit? - Landlord Forum thread 350844

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

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.

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Re: Return Security Deposit? by Anonymous on February 25, 2017 @09:01	[ Reply ]

"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." You are wrong. Whoever was listed on the lease gets the deposit. If both of their names are on the lease, then the check is made out to both of them. You are wrong. Your opinion is wrong. One more time. Your opinion is wrong, and could potential cause harm to a landlord for mishandling of the security deposit. You are wrong.

Re: Return Security Deposit? by Garry on February 25, 2017 @10:22	[ Reply ]

Well, my opinion is, that is YOUR opinion of my answer, and you are entitled to YOUR opinion, just as I am entitled to mine. NEITHER of us are "right or wrong"-----its just our OPINIONS. Any one coming to this forum can agree or disagree with what is said------they are all entitled to their opinion. Back to the OPs question-----can YOU tell the forum of ANY laws that you know of, anywhere in the country, that says a LL MUST put both names on a return of Sec, Dep. check ?? Could there be a law in any of the banking regulations around the country that pertains to this? I'm sure the people visiting this site would LOVE to know about an actual LAW that says one way or the other. Actually, just some judge's ruling on this question, anywhere in the country, would be helpful. So, another Q for you-----how would you handle it if the LL were to return the dep. back in CASH ?-------give the GF ALL of the cash, or only return half, and wait for the BF to contact the LL to get their half back? There are no laws that I know of, that says a LL must return deposits by way of a check or money order. Do any of you "named" LLs out there, have any opinions on these questions ?

Re: Return Security Deposit? by Anonymous on February 25, 2017 @11:06	[ Reply ]

Why have you not brought the question up to those lawyers who speak at your landlord association? Seems you have not learned anything from being a member? Your opinion means nothing without facts to back it up, which you never seem to give. One thing is clear and that your opinion is wrong and can cost the landlord. So if the landlord feels the boyfriend forfeited his halve, then does the girlfriend only receive halve? The issue is the landlord failed to properly handle the acceptance of the security deposit from multiple payers and now faces the consequences of improper handling. If the girlfriend only receives half and sues, then the landlord faces the cost of defending a lawsuit and damages, which will always be more than the security deposit amount. Also the boyfriend can also sue for failure to return the security deposit, again causing the landlord to defend a lawsuit. So, to get this straight, your opinion is to give the girlfriend the full deposit, which half, the landlord says is forfeited and let the boyfriend work it out with the girlfriend which means the landlord failed to follow Florida law on the proper return of the security deposit. Your opinion is trash. Everyone who is of legal age and signs the lease is entitled to the security deposit. The landlord is accountable to each tenant for proper return of the security deposit as each tenant is "severally and jointly" under the terms of the lease. My opinion is that once again..your opinion is WRONG.

Re: Return Security Deposit? by Anonymous on February 25, 2017 @09:41	[ Reply ]

You need to stick with Iowa and not give advice on Florida security deposit law you know nothing about! You are wrong and would cost the landlord a lot of time and expense with your invalid poor opinion. If you don't know the answer, do not respond!!!

Re: Return Security Deposit? by Anonymous on February 25, 2017 @10:26	[ Reply ]

Your ignorance knows no bounds. Not returning the security deposit to all rightful tenants allows the wronged tenant to sue the landlord for the return of the security deposit. The landlord could end up paying additional money both to settle the claim, but also damages and legal fees. Apparently you know very little about the proper way to handle security deposits. As KatieKate has said, if she does not know the correct answer, she does not reply. Maybe you should do the same! Your so called opinion is wrong once again and can mislead a landlord into taking the wrong course of action. As to actual law, yes that has been determined. You are just ignorant of the law as you are of many other areas in being a landlord.