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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 116834
Experience:  Attorney with over 24 years experience.
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My daughter and her common law husband rented a house in

Customer Question

My daughter and her common law husband rented a house in littleton in 2011. He signed the lease because she was still in FL but they are both listed as tenants. He gave the owner the deposits for the rental house with money she had given him from an insurance settlement.
He abandoned the property 9 months ago leaving no contact information and much of his personal property.
She is moving at the end of this month but the property owner will not let her use the last month's rent or the security deposit because he says the lease was between him and her ex.
Can he legally keep the deposits? Can he have her evicted? What are her options?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If he paid the deposit to the landlord, then your daughter would have to sue the ex for the money back, since the landlord does have the duty to refund any security deposit to the person who signed the lease. So if he signed the lease with the landlord, unless he tells the landlord in writing to release it to her, the landlord has to give it to him. If he left no way to contact him and she could thus not sue him and the landlord cannot give him the deposit back anyhow, then your daughter would have to file suit against the landlord for the return of the deposit.
The other option is to not pay this month's rent and force the landlord to keep the deposit and then move. Thus, the landlord would not have any way to stop this from happening, because by the time he files to try to evict your daughter and your daughter objects to the eviction based on him refusing to return the deposit, the end of the month will be here and she will be leaving anyhow.
Those are the options she has.