Tenants break up - one wants to renew lease

[Stephanie Hardy]

Our tenants signed a lease together and it time to renew their lease, but they are breaking up. The female wants to continue living in the home and renew her lease. The problem arises with the security deposit. It was paid via a cashier's check and the memo has the female's name only on it. We are not sure if we should refund the security deposit to both their names and have the female do a new security deposit or keep it as part of the lease until she moves out. If she is renewing the lease, though, wouldn't that be sort of a new lease and we should return the deposit if one leaves and isn't on the lease anymore? Any help would be appreciated. Thanks.

[Theresa Harris]

Why don't you talk to them and explain the situation.  If both signed the lease, it should be 50:50, but the fact that the deposit is only in her name may mean it is her money.  If it is indeed her's, get them to sign a document to that effect and then use that as her deposit rolling it over to the lease renewal.  I'd also do a walk through the unit to check for damages.  If there are any damages, those need to be sorted out before the renewal and before he moves out.