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Question regarding deposit when tenants are splitting

Vamsi M

started a topic almost 7 years ago

Here is my situation. Have 3 Tenants A, B and C on the lease A gave the cheque for the original deposit and paid rent all along from A's account. A and B are now splitting and the lease has come to an end. After the lease ends who should I write the cheque to for the deposit return ? To A or A & B & C combined and let them sort it out. Thanks much for your assistance.

2 Comments

Stan M

said almost 7 years ago

If I was in that situation and I had a copy of the sec.dpst check, I would make the ck out to the name(s) on the ck. If tenants A,B and C are on the lease, I would make the ck out to all 3 using "and" vs "or".... A and B and C. This way all 3 should be required to sign.

John P

said almost 7 years ago

I don't know California law but the above answer is exactly right for Illinois. You don't know who contributed to A's money for that check, and they are all on the lease. I do warn tenants about such things ahead of time, however, since it is not uncommon for only one tenant to write a check for the deposit.