Landlord Question and Answer Forum

I have two tenents in a two-bedroom apartment.Thay have been there for 4 months. One of the roommates are moving out in 2-weeks. The other one is staying and will be respondcable for the whole rent. My question is,they each paid the same amount of security deposit.....do I concider giving back half and tell the other one he has to pay the other half to?

First thing is: Are you willing to release the current tenant who is moving of all responsiblity and liability of the terms and conditions of the lease? By doing this, if your first tenant cannot afford the rent or something goes awry, then you only have recourse against the remaining tenant. This may be okay if you feel the remaining tenant can afford the rent and there have been no issues. The next item is the lease will change. I would have some type of documentation (written) that has both tenant signatures (signed in your presence) that each agree along with you to remove the exiting tenant, You can discuss the security deposit at that time. If YOU decide to return the SD, is the remaining Tenant going to replace it iimmediately? My best suggestion here is this: Have the other Tenant release his rights to the security deposit. Let the security deposit be handled amongst the Tenants. Make sure that the remaining Tenant knows that he is responsible for any and all damages to the apartment. So if there any existing damages to the apartment created by the exiting tenant, make sure that remaining tenant knows that HE is responsible. Hope this helps!

Posted by Donna , NC on Saturday, January 14, 2012

Thank-you Donna! Great advise for solving the SD....I will be taking your advise! As I never thought of that...I love that idea! Thanks again Carrie

Posted by Carrie H, SD on Monday, January 16, 2012

I have a (1) year lease agreement with a couple, however the couple has seperated so the husband has agreed to stay until I found a new tenant. That said, he can not afford the monthly rent of $1950. 00 so he has only paid $1200 for January. My tenant has now found a place to live so he will be vacating the property on the 30th of this month and my new tenant will move in February 4th. In that, the lease was broken do I have to return the full security deposit to the tenant along with the pet deposit ? Can I deduct the balance of the rent that was not paid for January, or do they forfiet their deposit. The husband sent me an email saying he knows they are forfieting the deposit because they broke the lease but I want to be sure his wife does not come back and try to sue for the deposit.

Posted by Lupe V, CA on Monday, January 23, 2012

Lupe, Your lease should state that they need to give a written 30-day notice but if they break their lease they should not get their deposit back. Send them a letter at the last known address (your rental if you don't have another one) stating that because of the lease being broken they forfeit their deposit. The wife does not have any right to the deposit as the deposit stays with the property, and the husband was the last to move and he still broke the lease.

Posted by Lisa B, IL on Tuesday, January 24, 2012