Deposit for rental property

5 Replies

Hi BP Landlords and Investors, Got a quick question for you! I have a rental in Arizona. A couple (boyfriend and girlfriend) move in together and sign lease Jul 2015. They deposit $1150 in Jul 2015. Each year the contract has been extended. In Oct 2017 girlfriend moves out but doesn't inform but doesn’t inform landlord. But Boyfriend continued to make monthly rental payments. X-GF is asking for deposit back. But she never informed Landlord that she moved out. Does all of deposit go to the boyfriend that is paying monthly rent? Or does only half go to boyfriend? And other half x-girlfriend looses her share? Just wondering if anyone can help answer this question.

Deposit doesnt get returned till the property is vacated and broom clean and penalties for damages or late rents are deducted.

You need to talk with the boyfriend, see if he plans on renewing lease on his own or vacating.  If staying he needs to pony up what she is owed, and sign a new lease with his name only. If leaving you can settle after they turn the property back over to you

You hold on to the entire deposit until the lease is terminated. The boy friend is responsible for refunding the girl friends portion of the DP. Not your problem.

When he leaves you return the full DP to him less any damage deductions.

The existing lease needs to be terminated before any deposit is returned.

Talk to the bf and see if he is willing to sign a new lease with just him on it, same rent, for however many months left in current lease. He’ll have to pay the full deposit (he already paid half, so he’ll have to pay the other half) and then the place is ‘his’.

Then sign that new lease, and have both bf and ex-gf sign a lease termination ending the lease early.

THEN the deposit can go back to her since she is no longer on any active lease and you have a full deposit from the current tenant.

If they are both listed on the lease you can't split the deposit. She can request her fair share of the deposit from roommate and you can do an addendum to release her from the lease but you need to hold the entire lease until you regain possession of the property from all tenants.