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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Landlord-Tenant
Satisfied Customers: 16721
Experience:  Attorney experienced in Landlord-Tenant Law.
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Landlord/Tenant question. Who do I give the security deposit

Customer Question

Landlord/Tenant question. Who do I give the security deposit to if the husband walks away from the marriage leaving his wife and 2 children in a home they cannot afford to stay in?
It was the wife who gave me the 30 day notice. I am not in communication with the husband. Though I do know where he works. It will be the wife who will clear out the house and make it presentable for my walk through inspection. I had originally thought I would give 50/50, but the wife is the one who is financially strapped and it is the wife who is working to make the home pass the security deposit inspection. Can I legally give her the full refund?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Alex J. Esq. replied 1 year ago.

Hello. My name is***** will be happy to answer your question.
I am sorry to hear about this unfortunate situation.

Was the lease in both names and were you paid by both spouses?

Please clarify.


Customer: replied 1 year ago.
to both questions.
Expert:  Alex J. Esq. replied 1 year ago.

Thank you for your follow up.

Generally, is similar situation, the check would have to be issued in both names and either one of the spouses would have to endorse it or the divorce court would have to decide how the funds are distributed.

I wish you the best of luck!

Expert:  Alex J. Esq. replied 1 year ago.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.