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maat1982

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Posts: 1
Reply with quote  #1 
I had a tenant move illegally without giving 30 days notice.  She was one of two people (a couple) in a joint contract with me to rent a bedroom.  She left on Jan. 31, before the lease actually went into effect (they were staying here for two weeks free because my old tenant moved early).  They are paid for Feb.  Initially, I was trying to find her and contact her and get some written notice and prorated rent for March.  I since have decided not to pursue any rent from her as long as the male tenant (who is still here) pays for those days.

We've now gotten in contact with each other on facebook.  I asked for my keys and my gate opener back.  She responded and gave her written notice on facebook on Feb. 4 (5 days after she moved).  She also said to mail any deposit funds owed to her to her new address.  I told her I can't return any deposit funds until BOTH tenants have vacated and I've inspected the room.

My concern is about the $300 deposit (which he has told me they split evenly).  I thought I had read somewhere that in a joint contract, one tenant can represent the whole party in the contract, so should I just give the full $300 deposit to him, or send $150 to each of them?  I know I have to treat them as one party, so how do I do this and be legal about it?

Thank you in advance for your help.

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Matt
Josh

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Posts: 123
Reply with quote  #2 
The dwelling needs to be empty before you do your inspection and send your security deposit accounting letter. If a roommate moves out then another roommate wants to move in. The Landlord gets a application from the new roommate and you screen them like anyone else. Then IF the new roommate is accepted....The replacement roommate pays the security deposit to the departed roommate.

If there isn't a replacement roommate then it is between those 2. The remaining roommate needs to pay the vacated roommate the other half of the security deposit.






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Long Beach CA Landlord
OHlandlord

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Posts: 3,814
Reply with quote  #3 
I disagree.  If the lease is written to two tenants who are jointly and severally liable for it, and both sign it, they are equal partners throughout.  Even if one leaves, that person remains liable for the rent.  Likewise, when the tenancy ends, the deposit check is made payable to both (tenant A AND tenant B),  This forces both tenants to sign the check and this makes them responsible to split the check in any equitable fashon they agree upon.  It removes any argument they have with you on who casused what damage and who's share that danage should be deducted from.

If a 3rd party wishes to rent, and party 2 wishes to be removed, all parties (including you) must agree to the substitution.  Get it in writing that the departing tenant waives his right to the deposit when the new tenant pays him that deposit.  Otherwise, write the deposit check out to everyone.  Let them sort it out. 
Josh

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Posts: 123
Reply with quote  #4 
I use a Roommate agreement in addition to the month to month rental agreement.
It spells it all out about a roommate moving out/ security deposits etc.
Jointly and severally liable is in both docs.




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Long Beach CA Landlord
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