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How to handle security deposit when one tenants leaves and another stays?
Schaumburg, IL
Viewed 18 times.
Posted 7 months ago in Landlord / Tenant
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We leased condo to unmarried couple 3 years ago. They both signed the initial and subsequent leases. Security deposit equivalent to one month rent was given at the time. This year's lease expires end of April. The guy is moving out, while the girl decided to stay and signed new lease with us.
The lease, just as previous ones, states that security deposit is going to continue to be used for new term of lease. What is legally right to do with security deposit if guys asks for it? I don't remember how it was given to us, only the amount. They used to pay rent mailing us two checks, 50% each. Could it be legal to ask him to wait till the girl moves out before using the deposit for damages and split the reminder between them? - Is this your question? Add additional information Answers (1)
Erik Glen Swanson
This attorney is licensed in Illinois.
Posted 7 months ago.
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You have a legal responsibility to return his security deposit. He's not your tenant anymore. You have to get the full security deposit from the girl now.
Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship. |
