Extension of lease with one tenant - handling security deposit

Extension of lease with one tenant - handling security deposit

Investor · San Jose, CA · Member since 2015 · 61 posts · 13 votes

Hi Landlord community,

I have an interesting situation and would appreciate suggestions on how to handle it. I have 2 tenants on my lease which is ending on January 15th. One of the tenant (lets call him T1) wants to go on month to month while other tenant (T2) has already vacated. T2 is ok with me keeping the security deposit on the lease while he wants his name to be off of the lease after the current lease gets over on January 15th. T1 can not pay me a new deposit. T1 and T2 are not on talking terms anymore and want me to handle everything with minimum interactions (specifically financial). Now I am wondering how to handle the situation with minimal transactions.

Questions:

1. Can I create an extension of existing lease and remove one of the tenants from the lease? Or do I need to create a fresh lease document?

2. In either condition, how do I roll over the security deposit? Can I ask T2 to sign some simple document saying that he is waiving off right to security deposit and it can be paid to T1? Can I apply the security deposit from old lease to new lease or I need to show actual transactions in bank?

-Raman

0Reply
28 views

Most Popular Reply

Kim Meredith HamptonBusiness Member
Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
9y

@raman 

@Raman Bindlish I always keep the security deposit with the property until all tenants have vacated the property, they would need to work out the security deposit monies between the two of them 

See this reply in the discussion

4 Replies

Jump to latestLatest
  • Real Estate Agent · Las Vegas, NV · Member since 2015 · 2k+ posts · 1k+ votes
    9y

    If the tenants lease ended then tenant 2 is entitled to his share of security deposit simple If tenant 2 want's to give his deposit to tenant 1 let him do it direct to tenant 1 There is no need for you to be involved and assume and liabilities

  • Kim Meredith HamptonBusiness Member
    Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
    9y

    @raman 

    @Raman Bindlish I always keep the security deposit with the property until all tenants have vacated the property, they would need to work out the security deposit monies between the two of them 

  • Member since 2016 · 13k+ posts · 12k+ votes
    9y

    Security deposit is a issue between tenants you hold the full deposit you already have.

    Draw up a new M2M lease for the remaining tenant assuming they meet your qualifications income wise.

  • Bonsall, CA · Member since 2012 · 9 posts · 0 votes
    9y

    If T2 already vacated the unit, you won't be able to keep him/her on extended lease. Since the old lease is expiring and the terms changed, you need a new lease for your T1. You should refund the deposit due to T2 but keep the T1's deposit and roll it over to a new lease (as a partial, already paid deposit or as full deposit - depending on your new lease terms). Let them figure out the rest. T2 can mail his/her deposit to T1 or whatever they want to do. 

Join the conversationCreate a free account to reply, vote on answers and follow this thread.