How doI determine how to apportion a security deposit between 2 tenants?

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How doI determine how to apportion a security deposit between 2 tenants?

Both tenants are on the lease and neither is a primary. They are an unmarried couple currently going through a separation. One claims the entire deposit is hers and the other says it is half his.

Asked on October 12, 2010 under Real Estate Law, Nevada

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is not for you to determine but rather for them to fight about.  It is a dispute as between settling their assets.  If the lease is both of their responsibility then I would either write the check to both of them or half to each.  You may want to see if the landlord tenant court will allow you to bring a proceeding to deposit the funds in to court.  This way it alleviates your responsibility to them in any way.  Make sure that you do so in compliance with the laws dealing with the return of security deposits in Nevada.  In other words, if the law states that you are to return the deposit within 21 days (I am not stating that this IS the law) then do whatever you need to within the time frame provided.  Good luck. 


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