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Updated almost 7 years ago on . Most recent reply

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Matthew R.
  • Alexandria, MN
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Security Deposit Return Question

Matthew R.
  • Alexandria, MN
Posted

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.

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Jim Adrian
  • Architect
  • Papillion, NE
840
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Jim Adrian
  • Architect
  • Papillion, NE
Replied

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.    

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