Transfer security deposit from tenant to tenant question

Transfer security deposit from tenant to tenant question

Member since 2020 · 19 posts · 7 votes

Hi! Enjoy reading the forum and now have my own question.

 In April this year my tenant decided to move out of the house due to personal reasons while on year long lease that ends this month. To save the situation he was upfront with me and said that he was going to allow his sister live in the place till the end of the lease and that they would make all the rent payments that they did. I was very busy with reno wo4k at another place and agreed to this arangement.
Now when the lease is almost over his sister is willing to stay and I mentioned that I would have to put her on the lease which is fine with her. I mentioned to both of them that I do require sec. deposit to sign the new lease and if they work it out between themselves I would just keep the current deposit that is his in place. But what paper form should I use to make it  legit? Im thinking to have former tenant sign the security deposit refund receipt saying he got it back and use it as a new security deposit in his sisters name. This is in Illinois.

Thanks

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Specialist · Riverside, CA · Member since 2015 · 6k+ posts · 3k+ votes
6y

@Dmitry Prosvi the easiest way is to just start over with a new lease give the old tenant his security deposit back minus any deductions do a new inspection and sign a new lease and collect a new security deposit from the sister.  That way there are no questions and potential legal hurdles for you down the road.

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  • Specialist · Riverside, CA · Member since 2015 · 6k+ posts · 3k+ votes
    6y

    @Dmitry Prosvi the easiest way is to just start over with a new lease give the old tenant his security deposit back minus any deductions do a new inspection and sign a new lease and collect a new security deposit from the sister.  That way there are no questions and potential legal hurdles for you down the road.

  • Member since 2020 · 19 posts · 7 votes
    6y

    Thanks for reply! That is an option but considering his sister has  already lived in the house since April  Im trying to see if its possible to keep it simple. I mean if they are agreeing to work it out between themselves and that the deposit refund receipt signed by former tenant stating that he got it back be enough for me to avoid problems in future?


  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    6y

    You should have done this at the beginning, but moving forward, do the transfer as Aaron suggested.  In the lease write that she took over in April and is responsible for returning it to move in condition-if you have copies of the walk through or deficiencies when her brother moved in, give her a copy of those.  He gets his deposit back and you get the new deposit from her.

  • Investor · Lewisville, TX · Member since 2012 · 106 posts · 103 votes
    6y

    @Dmitry Prosvi

    “Keeping it simple” will only work if there are no hiccups for the entire length of the relationship. Protect yourself by doing what others have suggested. Do a clean break between tenants as if they were unrelated. That way there is no argument about his/hers, mine/yours. Just do it right - that’s truly the simplest in the long run.

  • Member since 2020 · 19 posts · 7 votes
    6y

    Yeah it makes sence not to mention word transfer. I guess I worded it wrong.

     So basically if I meet with both former and current tenants to resolve this, can I just get the piece of paper  signed by former tenant saying he got his deposit back in full and sign the new lease with the new tenant his sister where it says there is deposit and the lease already m3ntions the place is in satisfactory condion. Or do I really have to lets say bring couple grand( lets say I refund SD in cash)  and put it in former tenant hand than have him put it in his sister hand( new tenant) and she gives it back to me?

  • Member since 2022 · 1 post · 0 votes
    4y

    I'm somewhat in a similar situation so I had signed the lease in June and then come October my apartment had a new lease owner and I was out. The person is about to move out in October and I was just told that they had transferred my security deposit to her she has a guardianship over my two daughters who are five and seven years old. Basically I'm wondering can a property manager or whatever transfer your security deposit to another person who signed a whole new lease and did a whole new application for the apartment. That probably doesn't make sense but I'm quite clueless about what I have to do to get my two months of rent. I wasn't behind on rent. I wasn't even served an eviction notice. 

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

    @Brianna Daniels you should start a thread with your question but basically no they can't. 

    @Dmitry Prosvi  you can have all of you sign a document acknowledging the agreement.  Basically state he is no longer a tenant and acknowledges he owes nothing and is owed nothing and is released from responsibility for future damages.  Security deposit for the property is now held in the sisters name she is the current tenant and all tenant obligations including damages shall be her responsibility.  There is probably a better way to phrase it legally.  I usually state that the security deposit is transfered when I have had this happen.

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