If someone paid the security deposit and all rent on a lease shared with his ex, can he legally demand the deposit is re-paid just to him?
- Landlord365Lv 58 months ago
He can demand anything he wants. That does not mean the landlord has to do it. All tenants on the same lease are equals. It does not legally matter who paid what.
This may be location specific & you do not give a location but in my state the landlord is legally required to refund the deposit to all named on the lease unless there is a written agreement signed by all parties authorizing them to refund to just 1 person.
- SlickterpLv 78 months ago
The deposit is paid back to the people on the lease, and is legally owed to them. How they split it is a matter between them.
- SlumlordLv 78 months ago
No, make the check out to both people. If you only pay back one or the other of them you are setting yourself up to be sued by the other one. Make the check out to them both and they can handle getting it cashed.
- R PLv 78 months ago
He can demand all he wants, but it is up to the landlord AND the laws for your locale. The landlord will most likely refund the deposit to whoever paid it, but he can (if the law allows) make the check payable to everyone who signed the lease.Source(s): FL landlord
- What do you think of the answers? You can sign in to give your opinion on the answer.
- curtisports2Lv 78 months ago
There is no 'legally demand'. Anybody can demand anything. There IS 'legally entitled'. If both names are on the lease, then the return of deposit, if paid by check, will be made out to both names on the lease, no matter what you 'demand'. If payment was made electronically, it may be returned electronically to the same account, but most landlords don't bother with that, they just issue checks.
Who paid what is not an argument in court. When two people jointly own a piece of property and one person pays for everything and the other person never pays a cent, guess what happens to the equity in the property when it is sold. That's right, it gets split 50/50. The argument of 'But I paid for everything!' carries NO legal weight.
- babyboomer1001Lv 78 months ago
He cannot legally demand anything. Deposits are refunded to the people who paid them. So if you paid the whole thing, it will be returned to you. If you and your wife each paid half - each submitted a check for half, then you will both be issued a refund, 50/50.Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
- SimplytheFACTSLv 78 months ago
that is between the roommates...
- JudyLv 78 months ago
He can ask for it as part of the divorce settlement.
- Beverly SLv 78 months ago
No. If both names are on the lease they both are on the check.
- A.J.Lv 78 months ago
If she is on the lease as co-lease holder the money is divided. If there is a contract between the leaseholders it is up to them to fullfil the terms themselves. The landlord is not a party to it. If a person pays the security deposit and all rent, they could have leased the apartment themselves if qualified to do so, and the other person would be a resident that is not the leaseholder.