In an article published by Inman News today, columnist Robert Griswold addresses an issue that should be of interest to landlords everywhere. When a married couple rents a property and then must vacate the unit through separation or divorce, whom should the landlord give the security deposit?
The article is in response to a question posed by a frantic landlord after one of ex-tenants threatens the landlord with property damage unless he is given the deposit.
Here’s Mr. Griswold’s response in part:
“Once the rental house has been vacated, you should go through and inspect it just like you would for any move-out. You then will determine the proper amount of the refund, if any.
“If there is a check for any remaining security deposit, you should make the check payable to both the husband and the wife, as they were both parties to the original lease. If they have separate addresses, I would suggest that you send the original security deposit accounting and the check to the wife [because she still occupies the property] with a copy to the husband.
“In many instances where you are presented conflicting information that seems credible, it may actually be better to go to small claims court and let the court decide who is to receive the security deposit refund.
“You should notify your local law enforcement and you may also want to contact the wife so she is aware, as she could be held legally responsible by you for any damage to the rental home at the time of move-out. If the damage happens after she vacates, then law enforcement may want to start their investigation with contacting the husband.”
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