Rental security deposit return to the original sender who was not on the lease.
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Rental security deposit return to the original sender who was not on the lease.
Hello. I rented a unit to a couple some time ago in Chicago. Lease was signed
by him, but security deposit was sent by her. She was not on the lease – just
authorized to occupy the unit. They broke up, she moved out early and he moved
out when the lease expired. Rent was always paid by him. Now, both claim the
deposit should be returned to them. Common sense tells me it should be returned
to her, since she was the one that paid it. What do you think?
Asked on August 30, 2019 under Real Estate Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You return it to the person who paid it, so if she sent you the deposit (for example, it was a check from her), she'd get it. Your obligation is to return the deposit to the one who provided it; anyone else (e.g. him) who thinks they are entitled to the deposit can sue the one receives it and try to prove their entitlement in caught. Send the deposit some way you can prove delivery and keep records of sending it, its receipt, and of the check being cashed.
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