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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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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