Return of Deposit

Austin, TX · Member since 2016 · 160 posts · 39 votes

I have a tenant who has renewed with me a few times already, and I am very happy with the tenant. Two years ago, her new spouse moved in, and I added her new spouse to the lease. Recently, they have decided to move out. I intended to return her deposit in full. I wanted to know to whom I should return the deposit legally? To her only or to both her and her spouse?

I know that as landlords we should always return the deposit to all adults on the lease. I want to know how you guys legally handle this?

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Michelle Pepe

Rental Property Investor · Member since 2021 · 120 posts · 69 votes

5mo

Who ever gave you the money gets the money in my book. How they share finances is completely up to them!

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Michelle Pepe
Rental Property Investor · Member since 2021 · 120 posts · 69 votes
5mo
Who ever gave you the money gets the money in my book. How they share finances is completely up to them!
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Drew SygitBusiness Member
Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
5mo
Quote from @Helen Zhang:

I have a tenant who has renewed with me a few times already, and I am very happy with the tenant. Two years ago, her new spouse moved in, and I added her new spouse to the lease. Recently, they have decided to move out. I intended to return her deposit in full. I wanted to know to whom I should return the deposit legally? To her only or to both her and her spouse?
I know that as landlords we should always return the deposit to all adults on the lease. I want to know how you guys legally handle this?

@Michelle Pepe is correct, unless that tenant puts other acceptable instructions in writing.
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Richard F.
Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
5mo
We always issued one check, in the names of all adults signed on the Rental Agreement. If they moved someone in/out without authorization and the substitution addendum, the problem was theirs, not ours. We only issued to most current authorized adults.
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- Helen Zhang
  OP
  Austin, TX · Member since 2016 · 160 posts · 39 votes
  5mo
  Quote from @Richard F.:
  
  We always issued one check, in the names of all adults signed on the Rental Agreement. If they moved someone in/out without authorization and the substitution addendum, the problem was theirs, not ours. We only issued to most current authorized adults.
  Thank you.
  Her Spouse did move in with my authorization.
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