Two tenants are on the lease. The original tenant who paid places notice to vacate. Who is entitled to deposit?

UPDATED: Oct 1, 2022

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Two tenants are on the lease. The original tenant who paid places notice to vacate. Who is entitled to deposit?

So resident A has an apartment and places a deposit. Near the end of the first term, Resident A asks to be on a lease with now Resident B. They start a brand new lease for the unit with the original deposit. Thus accepting the units state and deposit. Less than a month in, they decide they don’t wish to live together. Neither is willing to be off the lease independently or qualify as such. The lease is about to expire a couple months out, Tenant A who has not been actively living there wishes to terminate the lease and gives a notice to vacate. Tenant A wishes to have the security deposit back. Tenant B wishes to stay and provides support to qualify living alone on their own lease. Where does the deposit go, back to Tenant A? Does tenant B get to keep it there for that same unit? If both decide to leave, where does it go?

Asked on July 22, 2019 under Real Estate Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The landlord would send it back to the person who furnished it in the first place, which is Resident A if we understand your quetion correctly. Resident B would have the right to take legal action against (ie. sue) Resident A if B believes that he or she can prove that he or she has contributed to the deposit or otherwise is entitled to some of it back.

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