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Scott MacDonald
  • Specialist
  • Austin, TX
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134
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Returning Security Deposit Issues

Scott MacDonald
  • Specialist
  • Austin, TX
Posted Mar 12 2019, 12:48

Hi Team,

I have found myself in an unusual situation and was looking for some advice. I rented a property to two room mates last year and everything has gone well until I found out last month one of them actually moved out in December. The remaining roommate didn't tell me for fear I would terminate a lease so instead has been paying both halves of the rent. The lease is ending at the end of this month and he has asked to move a different room mate in from the start of April which I dont have an issue with and feel its the least I can do given the fact he stepped up and paid 100% rent without complaining when he could have let it be my headache.

Anyway my issue now stems from how do I return the security deposit to the tenant who has gone missing? His parents went guarantors on the lease so I called them to let them know they would be relieved of their obligations from the end of the month and to see if they had contact details for their kid. They advised they have no contact with him, his phone is disconnected and he seems to have just disappeared. They asked if I could just do a bank transfer to him but I dont have his bank details (he paid his deposit with a cashiers check and monthly payments through cozy) and have now asked that I mail the checks to their address which is many states away. I am not comfortable with this because its not going directly to the tenant and he has not asked for it to be mailed there.

From what I have read my best course would just be to mail the checks certified mail to the leased address and if he has no mail forwarding (which he doesn't as his mail is still arriving at the property) it will be returned to me and I just just keep it sealed in the property file to show I made an attempt to return it.

I guess my questions are:

1. Is there any other ways to get it back to him I have not thought of? I called his employer and he is not there, his roommate has no idea where he is, his phone is disconnected etc etc.

2. How long does he have to claim the deposit back? I am wanting to return what is his but I also need to move on with my business and if he shows up in 10 years later asking for it then it might cause me some issues. I'd also like to give it to the tenant who has been paying both halves of the rent if its clear after a certain period of time.

Any help and advice would be greatly appreciated.

Thanks,

Scott

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