Rental security deposit return to the original sender who was not on the lease.

UPDATED: Oct 2, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 2, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption