Returning Security Deposit to Tenants split up - Landlord Forum thread 356106

Returning Security Deposit to Tenants split up by CC (NC) on February 9, 2018 @11:41

A couple are renting a house from me and are both jointly on the lease. They recently split up though, and one is actually planning to move out soon to another state before the lease ends. The other is staying.

When the lease expires in a few months, what is the right way to return the security deposit to them (after any necessary deductions are made, of course)? They will be living in separate states then, and I'm not sure they're communicating very well anymore.

Thanks in advance for your advice.

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Re: Returning Security Deposit to Tenants split up by Anonymous on February 9, 2018 @12:42	[ Reply ]

You return the deposit the same way your lease/rental agreement is worded. If they're both on it then you make the refund check out to John AND Jane Doe. Let them work it out.

Re: Returning Security Deposit to Tenants split up by Garry (Iowa) on February 9, 2018 @12:55	[ Reply ]

Some LLs will say to write the check in both names, and give it to the one who stayed the longest. Then let them decide what to do with the check. I don't do that. I write the check in the single name of the last one out, and IF I know where to other T moved to, I will send a letter to that address, telling them the amount I returned to their "spouse", and then they can fight over the money. In your case, is it possible for you to contact the person who is moving out now, and tell them up front what you plan to do if there is any deposit to be returned? If you contact them, try to get a forwarding address from them.

Re: Returning Security Deposit to Tenants split up by Stephen (Washington (WA)) on February 9, 2018 @14:14	[ Reply ]

I've talked to the tenants to see whether there is a method that works for both (all) of them. I've had a number of college students who, at the end of the lease, disperse to different parts of the state and/or country. Usually for those I offer to send each one half. If there is no agreement I usually write the check to both names with AND between them. I mail it to one person with a copy to the other so (s)he knows what is happening. So, if they give you a mutually acceptable method (I have them email it for my records) then I do that. If not, they get a joint check and it's their problem to figure out how to cash and split the check.

Re: Returning Security Deposit to Tenants split up by CC (NC) on February 12, 2018 @13:16	[ Reply ]

Thanks so much the responses. Very helpful!