Results 1 to 6 of 6
  1. #1
    Join Date
    Jul 2010
    Posts
    2

    Question Should a Deposit Be Returned to the Tenant who Paid it, or Split Between Tenants

    My question involves a security deposit in the State of: Indiana

    My girlfriend and I rented a home together last year. I paid $500.00 towards a security deposit using two separate checks of $250.00 from my checking account. We moved in, everything was great.

    My girlfriend paid the rent most of the time after that, I gave her the cash, she put it into her account, wrote a check, and that is that.

    5 months in, I ask her to marry me, she agrees, we are now engaged.

    8 months in, I find out she is cheating on me, she moves out -- haven't heard from her again.

    I move out of the home, clean the place up better then when I found it, and return my keys to the landlord. She does not help do any of this, and does not return her keys.

    She is now e-Mailing the landlords with a forwarding address, requesting 1/2 of the security deposit. ... the security deposit that I paid for.

    Yes, both of our names are on the lease.

    My question: Does she have a right to 1/2 of the security deposit, that I paid?

    Thanks for your assistance in advance.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Deposit Return Issue

    My question: Does she have a right to 1/2 of the security deposit, that I paid?
    If she didn't pay it, she has no claim to it.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Should a Deposit Be Returned to the Tenant who Paid it, or Split Between Tenants

    What does your lease say about how deposits are to be returned?

    Why did you initially pay with two checks? Was one paid on her behalf, and the other on yours?

  4. #4
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Should a Deposit Be Returned to the Tenant who Paid it, or Split Between Tenants

    I would say although she might not technically be due the refund, as a practical matter and if it went to court, she would get the 1/2 refund.

  5. #5
    Join Date
    Jul 2010
    Posts
    2

    Default Re: Should a Deposit Be Returned to the Tenant who Paid it, or Split Between Tenants

    I paid in two checks from two separate pay periods to not cause a lot of strain on my checking. Neither one was paid on her behalf, I never received any money from her for the deposit. We only shared the cost of rent each month.

  6. #6

    Default Re: Deposit Return Issue

    Quote Quoting LawResearcherMissy
    View Post
    If she didn't pay it, she has no claim to it.
    Is this the same in all states? I am a landlord in LA. I insisted that both names be on the lease. He paid the entire deposit, and all rents. She moved out after 90 days; I sent a letter for her to sign stating her intent to quit. Never returned. Now he is moving out. Do I have to write the check to both of them?

    1. Sponsored Links
       

Similar Threads

  1. Security Deposits: Security Deposit Returned to One of Three Tenants, Who Won't Share With Ex-Roommates
    By courtneyfallon in forum Landlord-Tenant Law
    Replies: 5
    Last Post: 12-10-2010, 09:18 AM
  2. Security Deposits: Two Tenants, Both Wanting Security Deposit Returned Seperately
    By Tito in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-06-2010, 05:28 PM
  3. Security Deposits: Is a Tenant Entitled to Credit and Full Deposit if Returned After 21 Days
    By cynthia2010 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 02-17-2010, 11:12 AM
  4. Security Deposits: No Lease Signed but Security Deposit Paid and Tenant is Backing Out
    By coptracy in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 10-29-2009, 08:30 AM
  5. Security Deposits: Tenant's Objections Ignored, With Partial Deposit Returned By Money Order, in Florida
    By redspice in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 02-22-2008, 02:07 PM
 
 
Sponsored Links

Legal Help, Information and Resources