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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My son and 8 other roommates (tenants) signed a rental contract

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My son and 8 other roommates (tenants) signed a rental contract on a house. My son was the "house mom". Each tenant individually wrote the landlord cheeks for the security deposit. My son was responsible for gather rent and paying the landlord with one check for the monthly rent. The contract has ended and the landlord wants to write one check to the "house mom". Can the landlord do this or does she have to write each tenant their own check for the security deposit.

Thank you for your question. Please permit me to assist you with your concerns.

If one source was the party who was responsible for all payments and all collections, then the landlord can indeed send one check to that source, and make that party responsible for proper distribution. Having said that, however, if each tenant wrote a separate check and separately provided it to the landlord (meaning not through your son), then the landlord has to return it the same way. If your son collected the funds and provided it himself, then likewise the landlord can return it the same way.

Good luck.

Customer: replied 4 years ago.

The landlord is asking my son to write a letter to her that states he holds the landlord harmless in the matter of deposit with the other tennants so she can write him one check and the tennants can "duke it out" without the landlords involvement. This would allow her to write one check to my son even though all the roommates wrote their own check to the landlord for the deposit. Will such letter put my son in a situation where a disgruntled tennant could sue him if they believed they deserved more return on their security deposit?


That is not a wise option to be in. It places the responsibility of proper accounting on your son, which is really the landlord's responsibility. It would be far wiser to deny that request and compel the landlord to write separate checks to each individual, otherwise if anyone has an issue with their share of the deposit, it becomes your son's liability and not the landlord's.

Good luck.

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