What is the proper way to issue a deposit refund with multiple (3) tenants

Asked about 1 month ago - Portland, OR

I need to issue a deposit refund for a rental agreement and the three tenants will all reside at different addresses at the time of refund. Is it best to issue the refund check in all three names and mail to one of their addresses? Can I issue one check to one of the tenants? Can I split it evenly OR otherwise and issue individual checks?

Attorney answers (1)

  1. Gregory L Abbott

    Contributor Level 15

    3

    Lawyers agree

    Answered . If all three signed the rental agreement, then you likely can issue the refund check to any of them or, the safest route, is to issue one check with all three names on it and mail to any one of them; let them worry about how they split it. I would not recommend your splitting it and issuing three different checks. You presumably don't know for sure if they all contributed to it equally or, if you are charging them for any damages and only issuing a check for the balance, you don't know how they intend to allocate those damages amongst themselves. If you split it equally, you may be overpaying one while underpaying another - and then you could be liable to those underpaid. How it is split is their problem, not yours. Good luck.

    Greg Abbott
    Consumer Law Northwest
    6635 N. Baltimore, #254
    Portland, OR 97203
    503-283-4568
    gregabbott@consumerlawnorthwest.com
    "Practicing Landlord-Tenant Law in Oregon for Over 20 Years"

    Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is... more

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