security deposit 2 people on lease, who to cut the check to?

security deposit 2 people on lease, who to cut the check to?

Greenwood, IN · Member since 2013 · 346 posts · 93 votes

If I took a security deposit, that was from one of the tenants on the lease.

Two people signed the lease. When the security deposit is returned, do I cut two checks, to both tenants for half, or just to the person that wrote the check?

What is the proper way of doing this?

Thank you

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Real Estate Investor · Saint Petersburg, FL · Member since 2013 · 1k+ posts · 951 votes
12y

Unless directed otherwise by all tenants I cut a check made out to "Tenant 1 & Tenant 2" and then they'd both need to sign it and then do whatever they want to do with it. Anyone on the lease would be entitled to the security deposit unless it's stated otherwise.

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  • Josh C.Pro Member
    Property Manager · Indianapolis, IN · Member since 2010 · 1k+ posts · 1k+ votes
    12y
    If they are still good friends probably doesn't matter, but you should ask each of them separate anyway. Hopefully they give you the same answer. :)
  • Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
    12y

    I'd spell it out with a written paragraph in the lease something like:

    "Deposit was received from tenant X and the return of the deposit will be to tenant X only. Tenant Y has no claim to deposit amount from the landlord and any return funds due to tenant Y must be negotiated between those parties directly."

    Then have both of them initial/date that they have read and understand it. That keeps you out of any of their personal disagreements later when they move out.

    If they've already moved out and they aren't agreeing, then cut the check to the person you got it from and have them sign for receiving it with a similar paragraph:

    Deposit amount of $XXX was returned to tenant X, who paid the initial deposit in the amount of $XXX. Any claims by tenant Y to the deposit must be made directly to tenant X based upon any prior arrangements they may have made without the landlord's knowledge. Tenant X acknowledges that they are solely responsible for returning any monies due to tenant Y.

    Again sign and date.

    Obviously if you're not under the gun dealing with the move out right now then do the first one to keep from having to figure it out later.

    (This is not legal advice and you should consult someone local to ensure the correct process and language to avoid possible liability.)

  • Investor · Peachtree Corners, GA · Member since 2014 · 1k+ posts · 1k+ votes
    12y

    One check addressed to both of them. Their problem not yours.

  • Greenwood, IN · Member since 2013 · 346 posts · 93 votes
    12y

    Well that would be ideal, with that being said, both are claiming they are owed half. I am wondering what is the legal way in Indiana of dispursing the security deposit. When one persons check paid, but both people are on the lease?

    Thank you,

  • Real Estate Investor · Saint Petersburg, FL · Member since 2013 · 1k+ posts · 951 votes
    12y

    Unless directed otherwise by all tenants I cut a check made out to "Tenant 1 & Tenant 2" and then they'd both need to sign it and then do whatever they want to do with it. Anyone on the lease would be entitled to the security deposit unless it's stated otherwise.

  • Involved In Real Estate · Winston-Salem, NC · Member since 2013 · 277 posts · 188 votes
    12y

    I accept only one forwarding address, and make the check out to both tenants with an 'and' like @Patrick L. . That requires them both to sign the check.

  • Deborah BurianPro Member
    Rental Property Investor · Oklahoma City, OK · Member since 2013 · 1k+ posts · 412 votes
    12y

    it gets made out to both. The security deposit covered their joint liability.

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    12y

    I send out a letter saying the deposit will be returned in all their names unless I have a written permission from all of them to split it evently. If I have written permission from them to split the deposit equally I split it and send it to them seperately. Otherwise I use name 1 and name 2. I make copies of the checks they give me in the beginning too. Happens a lot with students.

  • Investor · Louisville, KY · Member since 2011 · 1k+ posts · 1k+ votes
    12y
    Originally posted by @Gabe G.:
    Well that would be ideal, with that being said, both are claiming they are owed half. I am wondering what is the legal way in Indiana of dispursing the security deposit. When one persons check paid, but both people are on the lease?

    Thank you,

    If they both want half, what's the issue? Just send them each a check for half and call it a day!

  • Greenwood, IN · Member since 2013 · 346 posts · 93 votes
    12y

    I misspoke, one is saying she deserves it all, the other is saying they are owned half.

    I think I have enough info to go back to them, and know what to put in my lease in the future.

  • Investor · Middletown, NJ · Member since 2008 · 2k+ posts · 1k+ votes
    12y

    I've had, and have, roommate situations (and couples) and will not get involved in who is owed more of the security deposit for any reason. To manage my accounting, I write one check, and the tenants need to agree upon lease signing who will get the deposit check.

    My lease states it this way:

    More than One Tenant-Return of Security Deposit. If more than one Tenant signs this agreement, and the landlord is required to return all or part of the security deposit to the Tenants, the Tenants agree that the landlord can return the security deposit to the following Tenant: TENANT NAME. The landlord will return the security deposit to the Tenant named above, unless all Tenants tell the landlord in writing to return the security deposit to someone else. The security deposit CAN NOT be used as the last month’s rent.

  • Deborah BurianPro Member
    Rental Property Investor · Oklahoma City, OK · Member since 2013 · 1k+ posts · 412 votes
    12y

    @Aly W. - nice paragraph! Thanks for sharing.

  • Investor · Middletown, NJ · Member since 2008 · 2k+ posts · 1k+ votes
    12y

    You're welcome @Deborah Burian!

  • Investor · Appleton, WI · Member since 2012 · 1k+ posts · 464 votes
    12y

    Definately write the check to tenant 1 & tenant 2. They both have to sign to cash and you have fulfilled your contractual duty.

  • Peter TverdovBusiness Member
    Developer · New Brunswick, NJ · Member since 2015 · 1k+ posts · 2k+ votes
    8y

    Bumping this - how do you guys handle an apartment with multiple tenants where half move out and new roommates move in? Do you assess the condition of the apartment right there and give some of the security back to those who moved out and request security for those moving in?

  • Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    8y

    Deposit is mailed out or they can pick up but if multiple tenants, all names on one check they can figure out how to cash it themselves.

    Mail out within time frame to first person listed on lease, or as directed or to wherever they moved from to be forwarded. 

    YOU better check your state landlord tenant laws,, each tenant still on lease is entitled to equal portion of deposit refund,, they can't sign away the right to another roommate,, So make sure you follow the law.... not somebody else idea of what's correct. 

  • Member since 2016 · 13k+ posts · 12k+ votes
    8y

    "where half move out and new roommates move in?"

    In regards to the security deposit you do nothing. You continue to hold the entire deposit and the outgoing, incoming tenants work out the deposit between them.

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