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?
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
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
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
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.