Security deposit return for multiple renters (lease, tenant, house, vacate) - Apartments, houses, lease, tenant, landlord, agreements, termination - City-Data Forum

paint · 08-31-2007, 01:09 PM

Hello, I have given 30 days notice to vacate to my tenants. They have been trashing the place and after several warnings I have had it.

There are 5 people living in the house...3 (and 1 destructive dog) of which have lived there 1 year, the others for a couple of months. I know I will need to at least replace the front door and probably have it cleaned.

My question is this: Since the first 3 are the ones who trashed it can I deduct a certain percentage of the amount of damages from the securities of those who have been there the longest? Or do I take damages out of deposits equally and let the tenants hash it out between themselves?

Thanks for any info.

GregTraub · 08-31-2007, 01:30 PM

Do you have them all on separate leases????

In any situation if you are very concerned find a real estate attorney. At the VERY least read up as much as you can here.

Landlords & Property Management - Resource Center (http://www.nolo.com/resource.cfm/catID/5944A0DA-71B3-49EA-BF5D300558FB66A9/213/178/ - broken link)

paint · 09-01-2007, 02:15 PM

They are all on the same lease, named individually. They each pay rent and an equal amount of security. From what I can find in my books, any deductions must be made equally and then the tenants work it out. This is what Ive decided to do

The most important thing I have learned is that when a tenant enters a lease with others it is their responsibility to make note of any damages so they dont get stuck fixing/paying for things they didn't break. This is something I have always encouraged my tenants to do (just in case of the situation they are now in) but surprisingly few take advantage.

Thanks for your input!

GregTraub · 09-01-2007, 02:38 PM

Yes that is the way to handle it, They are all obligated to ONE lease, and the deposit is for that ONE lease. You got it right, You as the landlord don't have to work anything out with them individually it comes off the top, and they get to figure out who gets what's left over.

Paula Lynn · 09-01-2007, 08:45 PM

In california ........ the residents who sign the rental agreement, .you write the check out to all of them. They have to deal with it. Just make sure you do it within 21 days after you receive the keys.