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MSWAGNER222

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Posts: 2
Reply with quote  #1 

How are refunds of security deposits handled if a couple, who is not married, separates at the end of the lease?  Both of their names are on the lease, but the security deposit checks were written on only one of the individual's checking accounts.  Thanks -

neeceeusa

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Posts: 2
Reply with quote  #2 

I am not sure if there is a law, but in the past I wrote two checks giving each of them 1/2 of the remainder of the deposit.  On one occasion when they verbally agreed in front of me to give only one of them the deposit I made them both sign a paper stating that was agreed for the one to receive all of the deposit.  Just to keep me out of any x-couple court issues or disagreements. 

OHlandlord

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Posts: 3,809
Reply with quote  #3 

I just make the check out to both of the applicants.  This way neither of them can cash it without the other knowing.  Send it to one tenant, and a letter to the other stating that the check made out to both was sent to XXX.  Then if one applicant owes the other money, they can work this out between the two of them.  Their seperation is not your problem.  Don't make it yours.  Make the check out to them both and let them work it out.  Not your problem.

neeceeusa

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Posts: 2
Reply with quote  #4 

If you are going to take the time to write a letter to the other unlucky one that now has to argue with their x to get their share (and not everyone won't cash it without the other ones knowledge or signature), then you may as well just split it and avoid having them come at your for doing it that way.  Anything simple you can do to stay out of their troubles is best. 

OHlandlord

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Posts: 3,809
Reply with quote  #5 

Splitting the check assumes that you received half from each party and that each party did provide half of the deposit.  You don't know that.  If only one of the parties paid for the deposit, as the OP said here, and you send half of his deposit to the other party, you have just given half of his money away.  That is not your right.  He can come back and sue you for that. Sending the deposit made out to both parties takes you out of any dispute.  They have to agree on who gets what amount.  If they don't agree, they can sue each other in small claims court (but not you).  If one party forges the other's signature, the wronged party can file police charges against him.  You remove yourself from the situation this way.  So unless you get written confirmation signed by both parties to send it any other way, send all joint tenants checks in both names.

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