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Updated 7 months ago,

User Stats

20
Posts
7
Votes
Don Blake
Pro Member
  • Investor
  • Washington, NJ
7
Votes |
20
Posts

Seeking advice or opinion on how to handle security deposit

Don Blake
Pro Member
  • Investor
  • Washington, NJ
Posted

Hello BP... Seeking advice or opinion on how to handle a situation.

I have single family home in PA jointly leased to a couple with 2 kids. It turns out the boyfriend has been charge with abusive behavior and has been issued a restraining order by the courts that essentially evicted from the home.

Due to the fact they both did not strong credit, I had initially taken 2 months rent from them as security deposit, with the understanding that 1 month would be returned at end of 1st year lease if they decided to renew.  The boyfriend has since advised me he is no longer at the home and wishes to have "his" security deposit returned to him. After some discussion in which I advised security deposit was held on behalf of both parties, he withdrew request until end of lease in September.

I have advised girlfriend of his call, and she then stated that the security deposit monies really belongs to her.

My dilemma is that the lease is coming to an end, and I understand that in PA, a landlord is required to return 1 month security deposit if lease is to be extended.

The place has not been vandalised and is basically being taken care of, and I'm willing to renew lease with the girlfriend, who very interested in renewing lease, but who also now appears to have allowed a new boyfriend to move in.

I suppose I could have this situation handled by hiring a lawyer, but my challenge is how should I go about retaining at least 1 month security deposit while returning the other.  The girfriend has not admitted that the new boyfriend has moved in, but it does appear a new lease is required instead of simply a renewal of existing lease.  She is really a good tenant, and if she doesn't want to add her new boyfriend as occupant, I'm not sure I want to stress the situation since rent is being paid and place not being destroyed.

Anyway, the main issue is how should the return of deposit be handled so appreciate thoughts....

  • Don Blake
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