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  1. #1
    Join Date
    Jul 2010
    Posts
    1

    Default Dividing Up and Returning Security Deposit

    My question involves a security deposit in the State of: Delaware
    § 5514. Security deposit. Full DE Landlord Tenant Code PDF


    I am the landlord, I have 2 tenants that were previously a couple and have since broken up/don't get along. They were both on the previous lease, which had since expired and converted to a month to month over a year ago. One is staying and the other is leaving and wants his “half” of the security deposit. What is the recommended way to split up the deposit and preferably stay out of their relationship mess while also remaining fair to the existing tenant? I could not locate it in the code.

    Some semi verbose back-story:
    I inherited the tenants and their security deposit when I bought the house so I do not know who originally paid the security deposit but the remaining tenant’s name was on the majority of the rent checks I’ve received for the last 2 years and she stated the tenant leaving didn’t pay his fair share which caused part of their disagreement.

    Giving the guy “his” half may be unfair to the woman that is staying since it probably should belong to her based on what he owes her. This is of course also none of my business unless of course it impacts her ability to pay the rent by herself. Unfortunately, I am required to return it by 7/20 or I may have to pay double for withholding it although I don’t know if that changes since one tenant is staying.

    The tenant leaving didn’t mention security deposit until after he signed the lease termination agreement so I was assuming/hoping they’d work it out amongst themselves. I didn’t have a chance to look into this earlier or even do a walk through as I was first given notice on June 23rd that he would be out by 7/31 (30 days notice instead of required 60), and after speaking with the remaining tenant I waived the 60 day’s notice as she wanted a new lease & the locks changed ASAP. He voluntarily signed a lease termination agreement effective July 1st but has not returned keys yet.

    My thoughts were to have a check made out to both of them which they’d have to sign/cash together and then they can divide it up. But seeing as they don’t get along this may not save me any trouble.

    My primary goal is to protect my legal rights, and not waste my time with paperwork/court. My secondary goal is to keep the remaining tenant happy as she’s a good tenant.

    Thanks for your help!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Dividing Up and Returning Security Deposit

    If there is nothing showing any one person paid any particular share of the deposit and they are both on the lease, stick with your thoughts:

    My thoughts were to have a check made out to both of them which they’d have to sign/cash together and then they can divide it up.


    This way, the two of them can argue about who is due what and you are not caught in the middle of the argument.

    .
    But seeing as they don’t get along this may not save me any trouble.
    I don't see how it causes you trouble. It makes them deal with it and leaves you out of it.

    My secondary goal is to keep the remaining tenant happy as she’s a good tenant.
    If you are worried about making her happy, then do whatever she wants. That, of course, if incorrect legally, will draw you into the the argument.

    anything else would be you attempting to decide who was due what and if the tenant leaving isn't happy, he could drag you into court whether he had a legit claim or not.

    It's not your argument. I would suggest either staying out of it totally or if you feel the need to get involved, be sure to get signed releases that each party received their full share of the deposit to prevent either one coming back on you later.


    I am required to return it by 7/20 or I may have to pay double for withholding it although I don’t know if that changes since one tenant is staying.
    No it doesn't. The old lease is done. You must finish out whatever you need to concerning the old lease. The lease with the tenant that is staying is a totally new lease. It has nothing to do with the old lease.

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