2 tenants, 1 left, who gets the security deposit back?

[Aly W.]

I rented a FL condo to two women last year, a newly formed couple. They are both on the lease. The lease, which my FL attorney drew up, states that I must name one tenant to whom the security deposit is returned upon vacating the unit.

3 months into the lease, they broke up, and the named tenant moved out. The remaining tenant didn't notify me immediately, but has paid the rent in full ever since. She says she doesn't know where her ex moved to, has no forwarding address or phone number.

She told me that she'll be moving in 5 months when the lease expires and wants the security deposit returned to her. I have a call in to my attorney about this, but am wondering if I need to make an attempt to notify the former tenant about where her security deposit should be returned.

If I send a certified letter addressed to her at the condo, the post office may have a forwarding address for her. If not, I'll be notified that it was never claimed. I explained this to the current tenant.

Until I hear from my attorney, have any FL landlords dealt with this? Thanks!

[J Scott]

First, I'm definitely not an attorney...

But, I agree with Mike that if the contract specifically states that a certain person receive it, you shouldn't be giving it to *anyone* else. Does the contract say what you should do with the money if you don't have a forwarding address (our state contract actually has stipulations for this case)...if so, follow the contract.

If not, I'd send it certified to the person who is named as the recipient, and if it comes back to you, stick it in a separate bank account for 6 months, and if it's not claimed, considered it yours.

I wouldn't give it to anyone else (including the other unnamed tenant) unless a judge orders you to...it would just seem to open you up to future liability...

And, of course, you can throw all this advice out the window once you get real legal advice... :)