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Updated almost 6 years ago on . Most recent reply

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Sarah Brown
  • San Mateo, CA
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Security deposit for tenants in middle of divorce

Sarah Brown
  • San Mateo, CA
Posted

I'm renting my home out to a family who are in a middle of a sticky separation. They are unfortunately not being very civil at the moment and as their landlord, I'm somehow caught in the middle of it. The lease ends in one month, but they can't seem to wait it out until then to make changes to their living situation. The wife and children would like to remain in the home for another year, and she has already kicked the husband out. In addition, she had also changed the locks in the home to prevent him from entering. The husband would like to get his portion of the security deposit since he's been kicked out and no longer living there. The wife has agreed to pay for his portion of the deposit and will continue to pay rent on her own. Is this the right way to go? I asked if they could wait until the end of the month for us to do a walk through inspection of the home and re-issue a new lease, but they can't wait that long. What should I do?

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When tenants break up the landlord retains the entire deposit until the last tenant leaves. As indivules leave they work out th edeposit between them. Landlord never gets involved.

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