Refund Security Depoist, Can't find 1 of 2 Tenants : ezLandlordForms

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Michael B

started a topic over 7 years ago

Two Tenants (unmarried Man & Women) signed Texas lease of single family house in Texas back in 2015. Excellent tenants! Upon termination of lease, I met to do final walk thru and only the woman shows up. At this time I find out that the couple broke up three (3) months ago and I cannot reach him (numerous telephone, text and emails). I need to return the Security Deposit. Lease dictates that I write one check naming both tenants. Obviously, the woman wants me to write check to her alone. What are my option? MB

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Stan M

said over 7 years ago

Issue check per agreement. Make sure it’s made to both using AND not OR. Mail check (certified, return receipt) to last known address. If check is returned uncashed, file it…….Watch your account to see if cashed. If not cashed this year there’s a good chance it never will be. You will have to claim it as income for taxes…..I would not issue another check.

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Darwin Q

said over 7 years ago

You do not want to write the check to her alone if the lease dictates the check will be written to both parties. I would write the check to both per the lease agreement just so you are covered. In the event you write the check to her alone, and if the male tenant finally reaches out to you for his portion, you'll be liable for half (or all of it) since most likely both will be splitting the security deposit in the middle. That has been my experience when I rent out my properties to couples who end up splitting.

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Pat D

said about 7 years ago

After this happened to me I changed my leases to include a check off box that says in the event of refund the check goes to (and they fill out whether it's one person or both persons) who gets the check

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Stan M

said about 7 years ago

I believe it's best to distribute tenant refund when tenants leave. Make a copy or copies of the sec.dpst check(s) and distribute any refund proportionately as received...... Predetermining distribution may cause a problem if one tenant (for example) leaves and one wishes to remain. The question is....is the landlord required to reimburse the tenant leaving if the lease is still in effect? ........Food for thought,