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MDLawyer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 6135
Experience:  10 years in legal practice. Over 5 years in advising clients on landlord/tenant issues, including on a pro bono basis.
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I have a rental that I collected 850 deposit from only one

Customer Question

I have a rental that I collected 850 for security deposit from only one tenant in September 2014. The lease was renewed in October 2015 with original tenant and person #2 in 2016. Original person has vacated the property in July 2017 . Person #2 stayed in premises and is purchasing the home via owner financing in September 2016. Who should the security deposit be paid to if there are no claims against it.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  MDLawyer replied 1 year ago.

Hello and thank you for using the Just Answer website. I look forward to assisting you. Do you mean that the original person vacated the property this month - 2016 rather than 2017?

Customer: replied 1 year ago.
Expert:  MDLawyer replied 1 year ago.

If person number 1 is the only person who paid the security deposit and the deposit was not returned to him when he moved out this month, then it is her or him that you have to send the deposit to.

Customer: replied 1 year ago.
person #1 moved out before the lease ended...if we give person #1 back deposit, what recourse do we have if there are damages when person #2 leaves, if puchase deal does not go through.
Expert:  MDLawyer replied 1 year ago.

You would not pay back the security deposit until the end of the lease. However, if person #2 took over the lease, at that time, you could have asked that tenant to pay the security deposit and refunded the original tenant.

Customer: replied 1 year ago.
person #2 who is living there now can do damage, but will come out of Person #1 security deposit. What is process is damage is over the amount of the security deposit. Do we go after #1 or #2.
Expert:  MDLawyer replied 1 year ago.

That is correct, since person #1 chose to leave the lease early and you agreed to assign the lease to another tenant. Had I been tenant #1, I obviously would have asked the landlord to get a security deposit from tenant #2. If the damage is over the amount of the security deposit, you would go after either or both. It would be up to you since both were on the lease at some point.

Customer: replied 1 year ago.
Thank you very much for your answers
Expert:  MDLawyer replied 1 year ago.

You are very welcome. If you could be so kind as to leave me a positive rating as that is the only way that we experts receive credit for the time spent assisting you, it would be much appreciated since we are not Just Answer employees and are only able to do this if great customers like you leave us a positive rating. Thank you so much. Let me know if there is anything else you need.

Expert:  MDLawyer replied 1 year ago.

Hello. Is there any additional information that you need?