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Updated about 8 years ago on . Most recent reply

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37
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11
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Bill Bell
  • Nags Head, NC
11
Votes |
37
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Domestic Violence and Security Deposit

Bill Bell
  • Nags Head, NC
Posted

One of my properties has a common law couple with a recent domestic violence incident and criminal charges including Domestic Violence Protection Order (DVPO).  The male apparently has a history and it sounds like he will likely be in jail for a while.  Female has DVPO in place and male access to the property is with Sheriff Deputy only to obtain personal belongings.  The question has been raised on the Security Deposit payout.  He wants his portion, while she believes he should have nothing.  I am not sure the legal side regarding SD; however, my understanding is that it applies to the property only.  If there is criminal activity, he is evicted; however, i am receiving conflicting information on how to handle the SD.  Usually, tenants must simply work among themselves to allocate funds, and as landlord, I simply handle full payout.  However, in this scenario, obviously not a simple distribution.   

My current plan is to draft an acceptance letter they must both sign with dollar value agreement for each to cover; however, her attorney notes that likely given DVPO, he forfeits that amount.  

Any advice/experience with an issue such as this?

thx!

Most Popular Reply

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2,613
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2,104
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Kim Meredith Hampton
  • Real Estate Broker
  • St Petersburg
2,104
Votes |
2,613
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Kim Meredith Hampton
  • Real Estate Broker
  • St Petersburg
Replied

@Bill Bell usually the deposit is made out to all individuals who signed the lease 

Meaning the security despot would read; payable to wife and husband , not OR

Please check your landlord tenant laws in your state 

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