How to decide on the return of a security deposit for an early termination of lease?

Get Legal Help Today

 Secured with SHA-256 Encryption

How to decide on the return of a security deposit for an early termination of lease?

I have a rental property where 2 people had signed a lease for 1 year. A security deposit was collected from them. At the end of the lease term 1 of the tenants moved out and 2 other people replaced them. An extension was signed by all 3 tenants (1 old and 2 new). The security deposit from the original lease was carried forward to the extension. Then the 2 new tenants paid their share of the last month’s rent as a deposit to the old tenant. However, 1 of the new tenants moved out before the extension expired. Now they are demanding their deposit back from me. What should I do legally?

Asked on April 6, 2012 under Real Estate Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the rental that you own has no problems with it physically, I would then return the the newest tenant's security deposit from him or her after you have completed your walk through of the unit and have all tenants sign off on the walk through in writing in order to prevent problems down the line.

Assuming you get a new tenant for the unit, then the new tenant can place a security deposit in is or her name for the premises. As to the two remaining tenants, since they are still in possession of the rental, they are not entitled to their security deposit back yet assuming the rental is not in a damaged condition.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption