OHIO
I've been a LL for 13 years, but this is a first for me.
I had a lease with a couple (not married) who have broken up. He tells me she moved out of state last year, but I have heard nothing at all from her. I have no forwarding address for her and her phone number was disconnected.
He & I had the walk-through today, there are a few things I will withhold for, but there is security deposit to be returned. He gave me his forwarding address. He told me to send him the balance of the security deposit, but I told him 1/2 of it was hers, as they were both on the lease. He said he understands, but claims that it was his money that they put down for the security deposit. In the past, I've always made a check out to both tenants, even when they were unmarried.
I feel bad for him, but I know I can not return all the money to him (even if it was his to begin with). If she sues me (which is doubtful), I know I'd be SOL.
QUESTIONS;
1) Can I take the subtract the damages, and send him 1/2 the balance of the security deposit?
2) What do I do with her 1/2? I can send it certified to their old address, but it will be returned to me (no ones lives there to sign for it).
3) Is there ever a point when I can send her half it to him, assuming it goes unclaimed?
Any thoughts would be appreciated!
I've been a LL for 13 years, but this is a first for me.
I had a lease with a couple (not married) who have broken up. He tells me she moved out of state last year, but I have heard nothing at all from her. I have no forwarding address for her and her phone number was disconnected.
He & I had the walk-through today, there are a few things I will withhold for, but there is security deposit to be returned. He gave me his forwarding address. He told me to send him the balance of the security deposit, but I told him 1/2 of it was hers, as they were both on the lease. He said he understands, but claims that it was his money that they put down for the security deposit. In the past, I've always made a check out to both tenants, even when they were unmarried.
I feel bad for him, but I know I can not return all the money to him (even if it was his to begin with). If she sues me (which is doubtful), I know I'd be SOL.
QUESTIONS;
1) Can I take the subtract the damages, and send him 1/2 the balance of the security deposit?
2) What do I do with her 1/2? I can send it certified to their old address, but it will be returned to me (no ones lives there to sign for it).
3) Is there ever a point when I can send her half it to him, assuming it goes unclaimed?
Any thoughts would be appreciated!