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  1. #1
    Join Date
    Jul 2017
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    Default Who to Refund the Security Deposit To, when Roommates Were Added

    My question involves landlord-tenant law in the State of: New York

    Tenant A signed a month to month lease in April providing first month rent and one month security deposit. Tenant B was living in the unit at this time, but chose not to be added to the lease till June. They are both moving out at the end of the month.

    Tenant A feels she should receive the entire security money back, since she provided the security check with only her name on it when the original lease was signed in her name. Tenant B wants half of the security money back stating he gave her half the money. Tenant A denies this.

    Who do I return the security money to?

  2. #2
    Join Date
    Oct 2006
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    16,474

    Default Re: Who to Refund the Security Deposit To, when Roommates Were Added

    Quote Quoting stingypie
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    My question involves landlord-tenant law in the State of: New York

    Tenant A signed a month to month lease in April providing first month rent and one month security deposit. Tenant B was living in the unit at this time, but chose not to be added to the lease till June. They are both moving out at the end of the month.

    Tenant A feels she should receive the entire security money back, since she provided the security check with only her name on it when the original lease was signed in her name. Tenant B wants half of the security money back stating he gave her half the money. Tenant A denies this.

    Who do I return the security money to?
    I would give it back to the person who gave it to me...however, you may get other responses with different answers.

  3. #3
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    Default Re: Who to Refund the Security Deposit To, when Roommates Were Added

    What does the lease state about the issuance of a security deposit refund?

  4. #4
    Join Date
    Dec 2012
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    1,026

    Default Re: Who to Refund the Security Deposit To, when Roommates Were Added

    Give nothing back to either of them until you have determined there are no damages above normal wear and tear to the rental property.

    Gail

  5. #5
    Join Date
    Jul 2017
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    2

    Default Re: Who to Refund the Security Deposit To, when Roommates Were Added

    It doesn't say anything about the refund. Tenant A paid the original security deposit with a personal check in her name when she moved in. When tenant B moved in we resigned a new lease with both names on it using the same security deposit. Tenant B feels that he is owed half since his name was on the second lease stating a security deposit was paid.

  6. #6
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    Default Re: Who to Refund the Security Deposit To, when Roommates Were Added

    If you issue the check to tenant A, even though I think you would be correct to do so, you could still end up being dragged into a small claims case by tenant B. One option would be to make both tenants unhappy by issuing the check to them jointly, and letting them work out the rest between themselves.

  7. #7
    Join Date
    Mar 2013
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    18,340

    Default Re: Who to Refund the Security Deposit To, when Roommates Were Added

    Quote Quoting Mr. Knowitall
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    One option would be to make both tenants unhappy by issuing the check to them jointly, and letting them work out the rest between themselves.
    That's what I was going to suggest.

    It's what I used to do with roommates, boyfriend/girlfriend arrangements, and people getting divorced.

    One check with all names. Let them fight it out.

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