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Where to send security deposit? 1 (of 2) absentee tenant

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LindaP777

Senior Member
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!
 


If this is a joint lease, send the full deposit (minus damages) to him and make the check payable to both. He can then figure out how to contact her to endorse the check.
 

sandyclaus

Senior Member
If this is a joint lease, send the full deposit (minus damages) to him and make the check payable to both. He can then figure out how to contact her to endorse the check.
That's exactly what I was going to suggest.

You don't know who paid what towards that security deposit, nor who caused more damages to the property. Put both of their names on the check you send to him and let the two of them sort out who gets what from it. It's not your problem what happens once the money is out of your hands and into theirs.
 

LindaP777

Senior Member
Thank you, both!
I told the tenant exactly what you suggested, but he said if I did that, the check would never be cashed. I want to do right by him, however, as you pointed out, it's not my issue to sort out, it's theirs.

Thanks again!
 

Zigner

Senior Member, Non-Attorney
Thank you, both!
I told the tenant exactly what you suggested, but he said if I did that, the check would never be cashed. I want to do right by him, however, as you pointed out, it's not my issue to sort out, it's theirs.

Thanks again!
I'll betcha the check gets cashed ;)
 

sandyclaus

Senior Member
I'll betcha the check gets cashed ;)
Yuppers!

And how much do you wanna bet that the 2nd half of the co-tenancy comes to LL and asks about where her money went? Oh, to be a fly on the wall for that conversation, especially when she learns that the ex-B/F took the check, forged her name, and spent the proceeds....:eek:
 

Zigner

Senior Member, Non-Attorney
Yuppers!

And how much do you wanna bet that the 2nd half of the co-tenancy comes to LL and asks about where her money went? Oh, to be a fly on the wall for that conversation, especially when she learns that the ex-B/F took the check, forged her name, and spent the proceeds....:eek:
Her legal recourse is against the ex-BF, not the LL.
 

FarmerJ

Senior Member
got a old fashion typewriter LOL type the check out the pay to the order listed as name one the word AND name two type out the dollar amount and what its for in memo so you reduce the odds of the check being altered and Ill betcha a big mug of coffee it gets mysteriously cashed anyway. BTW have you searched FB and other social network with her name ?
 

LindaP777

Senior Member
Receipt and lease was in both names.
I will take the advice of writing BOTH names on the check and let them figure it out. I do feel bad for him, but I bet with a little searching (family & friends) he could find her! Anyway, it's not my problem and I really don't have the time or the energy to track her down.
Thanks everyone!
 

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