Charge one tenant or all tenants for damage?

Question

I have a unit where 3 people are on the same lease, and there was damage in one of the tenant's bedrooms. I know which tenant caused the damage, as it was caused by their furniture rubbing back and forth in a certain spot.

Each of the tenants gave me a portion of the security deposit.  My question is: when returning the security deposit, do I charge each tenant a portion of the damage? Or just take it out of the deposit of the tenant whose furniture caused the damage?

Thanks for your help!

Jeff Gates · Answer

I always feel, don't rent to roommates. Some markets have pressure on the landlord to do this. However in other markets you just pass on the roommates and wait for a family when you have a vacancy. Roommates levy so many problems and headaches on landlords. There is such a long list of what can go wrong. Honestly, landlords need to reduce the problems they face, not increase them.

Grant Berthold · Answer

My rental agreement does not discuss this specifically. It basically states that damages will be taken from the deposit. I think I agree with you all, it should be taken out of the deposit as a whole, and let the tenants deal with who gets what back, especially considering I have language in there stating they are all responsible for the whole rent amount and not just "their portion". I guess I was just questioning it in this case because it was clearly one tenant who did it. Thanks guys!

Jason Hartley · Answer

That makes sense to me too what Jeff said.  If they were paid separately and for specific locations in the house, then it would come from the total.  On the other hand if each paid their own security and the damage is specific to the space used by the one person, then it would seem reasonable to me to take it from just their deposit.  Does your rental agreement discuss this?

Michael Julian · Answer

I would make the repairs and return the deposit minus the cost of the repairs. Let them figure out how the returned deposit is split up among them. Whenever I have a roommate situation, I remind them at the start that there is one rent payment, one deposit etc.. They are equally and collectively responsible for both.

I don't deal with, "I paid my half of the rent" situations. I want them to collect it among themselves and send me one check. At the end of the lease I return one check for deposit returns.

Jeff Gates · Answer

Unless you gave each one a receipt for the partial security deposit, you then levy the damages against the total.