Re: Who to return the security deposit to. - Landlord Forum thread 360024

Re: Who to return the security deposit to. by AnonymousFL on December 11, 2019 @14:24

lpadave is spot on correct on this one. Gary...not so much (sorry Gary).

Since the lease is a joint lease, it is best to address the security deposit to all of the names on the lease such as "boyfriend AND girlfriend". That way they both have to endorse the check to cash it..which means they have to come to some agreement. Best to not get in the middle of their drama.

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Re: Who to return the security deposit to. by Garry on December 11, 2019 @17:42	[ Reply ]

Dave, and AnonFl-----I'm guessing that this situation that comes up from time to time, has no correct answer. As I said in my post, I don't think any state laws address it. If either of you know of any state that addresses it, please post the state and the law. I do have a couple of Qs for you both. If the LL puts both names on the check, WHO do they send the check TO? You only have 1 check, and it has to go to someone. So HOW does the LL decide WHO the check goes to. And, not just the check, but the actual security deposit STATEMENT letter goes to WHO? Would the LL send a letter to both the BF/GF about the deposit, but only include the check to 1 of them? Each statement would have to be a little bit different, because 1 would say a check is enclosed, and the other statement would need to say the check was sent to the other person. Another thing to consider----What if the LL KNOWS the reason the Ts separated, was that one was abusing the other, and one of them now as a permanent restraining order against the other. Is the LL inserting themselves in the middle of something by trying to force the 2 separated Ts to come together long enough to sign a check ? Is a LL opening themselves up to a lawsuit because the LL already KNOWS the 2 Ts cannot get together? And what if the check is never cashed? I think most laws say the LL gets to keep the the deposit money after 1 year, but it sure fouls up a LLs checking account for that year, with an outstanding check. I think I as a LL would want to try to keep myself OUT of the former Ts problems as much as possible. In hindsight, and after reading both of your responses, along with rethinking mine, I think I will stop sending the deposit to the "last one out" and in a situation such as this one,send 2 separate statement letters out, with each containing a check for 1/2 of the total returned deposit. I think/hope that would keep me as a LL out of any future lawsuits about the deposit. By doing so, BASICALLY, I have just made the decision for them, as to who gets the deposit, and in what amount. THEN, they can fight among themselves,if they wish, as to who should get the other half. But, I, at that point, have done my duty of sending out the statement and the deposit to the former Ts. Guys, let me hear your thoughts---this is an EXELLENT discussion. Garry