Question on security deposit rules

[Paul Anderson]

Hi, my husband and I are new to this landlord thing and bought a property (duplex) and inherited some renters. They moved out and now are both saying different things about the original security deposit. The women claims she paid it all and wants it all back, the man claims he paid half to the women and he wants his half back.

We asked the previous owner of the property and she said the women paid in cash.

Since they co- signed the lease, our gut says to just split it down the middle and send them checks.

Is that what we are supposed to do?

Any legal issues with that?

Help! Thank you!!

Emily and Paul

[Kyle J.]

From what you wrote it sounds like everyone is saying the same thing... the woman paid it.  The female tenant says she paid it, the previous landlord also says she paid it, and the male tenant admits she paid it (though he claims half of the money was given to her by him, which is not your issue to sort out). 

Does the lease or your state law address how security deposits are to be returned?  If not, I'd either return it all to the female tenant, or - if you want to be safe - cut a single check made out to both of them and send it to her.  However, I would NOT split it down the middle and send each of them half based on what you have been told by all the parties.