Return of Security Deposit to multiple tenants in Oregon (lease, landlord)

[KKinOregon]

I have searched the Oregon Statutes and do not find anything pertaining to this issue. I have found in other states where it is spelled out that the landlord shall refund the security deposit to the tenants in one check, with each tenant's name listed as payee on the check. Does anyone know if a landlord in Oregon can legally refund the deposit to just one of the tenants when there are five tenants on the lease?

Thanks

[Nell Plotts]

If you still have a copy of the security deposit look to see whose name is on the check. That is who I would remit a check to.

[oregonwoodsmoke]

Originally Posted by KKinOregon

......... can legally refund the deposit to just one of the tenants when there are five tenants on the lease?......

There isn't anything specific in the law, but the deposit generally goes to everyone on the lease.

However, if there is paperwork that shows that the deposit was paid by only one tenant, then the refund can be sent just to that tenant. It would be odd for the deposit to be set up that way, but it is not impossible. An example is that the cosigner might have paid the deposit and then the cosigner might be the one to get the deposit back.

Are you the landlord? If so, I suggest that you cut one check, with every tenant's name on the payee line, separated with "and". Let them work out who gets what.

If you are the tenant and didn't get a share of the deposit, do you have proof that you paid deposit directly to the landlord (and not to a roommate)?

No one gets any deposit back from the landlord until everyone is out and the unit is returned to the possession of the landlord. Deductions come off the whole deposit. The landlord doesn't sort out who did what damage. Roommates have to work that out among themselves.

It's been about 50/50 for me. Sometimes it's to everyone on the lease. Sometimes it's to just me (the one whose name was on the check).

[oldtrader]

If some of the tenants leave and some stay, the deposit will remain till the last one is out of the property. If one is leaving early and even if they paid the deposit, the deposit stays on the property as long as any of them stay living on the property.

If it gets down to only one tenant as an example over a period of time, the security deposit will be sent to the last one on the lease at time that tenant moves out.

It is up to the early move outs on the lease, to get any deposit portion the paid directly from the one or ones that stay on the property.

Just because one name is on the check, does not mean that person should get the deposit back. The others may have given the one writing the check their portion in cash.

If all move out at the same time, then the check should have all names, with and between names, unless the combined tenants all sign a statement to only give the check to one person.