How doI determine how to apportion a security deposit between 2 tenants?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How doI determine how to apportion a security deposit between 2 tenants?
Both tenants are on the lease and neither is a primary. They are an unmarried couple currently going through a separation. One claims the entire deposit is hers and the other says it is half his.
Asked on October 12, 2010 under Real Estate Law, Nevada
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
It is not for you to determine but rather for them to fight about. It is a dispute as between settling their assets. If the lease is both of their responsibility then I would either write the check to both of them or half to each. You may want to see if the landlord tenant court will allow you to bring a proceeding to deposit the funds in to court. This way it alleviates your responsibility to them in any way. Make sure that you do so in compliance with the laws dealing with the return of security deposits in Nevada. In other words, if the law states that you are to return the deposit within 21 days (I am not stating that this IS the law) then do whatever you need to within the time frame provided. Good luck.
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 AttorneyPages.com 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.