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I had a couple rent an apartment from us for 5 months. He was…

Customer Question
I had a couple rent...
I had a couple rent an apartment from us for 5 months. He was the only one on the actual month to month agreement, when asked to sign it she said it was all him. Last week he packed all his stuff and left to get back with his wife in another state. The girlfriend had no idea this was going to happen, and also over the next couple of days packed up all her stuff and moved away to be with family. He did not give any forwarding address. they had already paid rent for the month and only stayed maybe 10 days. She did a good job of cleaning the apartment and we were able to have it rented the day after she left. He should be getting the deposit back and some rent. She asked us to send it to her and I told her I wasn't sure how it all needed to work out legally as she is not listed on the rental agreement. Can I give her a check in both there names or does it legally all have to go to him. I don't know if she has some kind of tenant claim from being there for 5 months?
Submitted: 6 years ago.Category: Landlord-Tenant
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Answered in 1 minute by:
2/19/2012
Lawyer: philip.simmons, Lawyer replied 6 years ago
philip.simmons
Category: Landlord-Tenant
Satisfied Customers: 37,701
Experience: 10 years experience in the law
Verified
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

It must go to him. He had the contract. He gets the money back.

If you give to her? You run the risk of him suing you.

Give the money to him and you do not have this problem.

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Customer reply replied 6 years ago
I have no way to contact him. how long does he have to claim his money and could I give it to her after this time period
Lawyer: philip.simmons, Lawyer replied 6 years ago
She has no right to that money as far as you are concerned. Period. This is covered under the section of contract law called "privity of contract"

He had the contract. He gets the money.

She was not party to the contract. She has no claim to the money.

Put the money in the bank and if he contacts you then you can refund the deposit.

If you want to give to her, understand that if he sues you, your giving to her is no defense...so you should only give this money to her as a gift

philip.simmons
Category: Landlord-Tenant
Satisfied Customers: 37,701
Experience: 10 years experience in the law
Verified
philip.simmons and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 6 years ago
In oregon is there a limit to how long he can claim the money?
Lawyer: philip.simmons, Lawyer replied 6 years ago
You bet there is

5 years if the agreement was in writing. 3 years if the agreement was oral.

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Customer reply replied 6 years ago
thanks
Lawyer: philip.simmons, Lawyer replied 6 years ago
You are welcome

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