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Updated almost 7 years ago on . Most recent reply
Security Deposit Return Question
Sort of an interesting problem, for me at least. Hopefully it is a really easy answer and I am just overthinking it.
Rented out a unit to 3 people, A, B, and C. They all signed the lease with a $700 security deposit required, which they gave me. After a few months, C wanted to leave the unit. C found someone to take over their room, D. C was taken off the lease and D was added on. Since the lease for the group was not over I did not return any of the security deposit. During that time I received texts from C saying that D never paid them their portion of the security deposit. A few months after that D decided they were going to leave, they made their intention clear with me, but did not tell their roommates I find out later. She leaves and then asks to be taken off the lease, which I refuse to do because they did not find someone to take over their portion. A and B are fine with paying the total rent for the last few months of the lease. Now there lease is almost over, I suspect there are going to be some damages but probably not the full deposit amount. Who and how do I return the security deposit to? Just one check and I give it to A and B, or do I need to split the deposit three ways and send to A, B and D?
Thanks in advance.
Most Popular Reply
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If someone leaves then the security deposit stays with lease/rental. Those two people should have work out any payment between them. Never return security deposit to be below the stated lease amount. Sounds like C was fully removed from the lease. Was D full removed from the lease? If so, then write one check that includes both A and B names and let them cash it at the back and fight over who gets what. Remember you have 1 lease and 1 security deposit. If you did individual leases with each of them then its a different story.