What responsibility does a landlord have towards a tenant regarding the security deposit if the tenant waswas thrown outdue toa restraining order?
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What responsibility does a landlord have towards a tenant regarding the security deposit if the tenant waswas thrown outdue toa restraining order?
An engaged couple signed a year long lease to rent my home. after a month he became abusive and she filled a restraining order against him. for a tenant that was thrwon out due to a retarining order?He can’t go on the property for a year. She is going to stay in the home and continue the lease. He is claiming that I have to now give him back half of the security deposit and collect the remaining from her. I am holding up my end of the lease by providing a nice home to live in, everything working well, etc. What legal responsibility, if any, do I have to the tenant that was thrown out of the property?
Asked on October 4, 2011 under Real Estate Law, Arizona
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have a written lease concerning the unit you are renting to the couple who are having their isuses, you need to carefully read it in that its terms and conditions control the obligations owed to you by them and vice versa in the absence of conflicting state law. Carefully read for any provisions within the lease as to restraining orders as to one tenant versus another.
I doubt that there is any mention as to this issue. If not, it would appear that if the lease is not up and there is a restraining order between one tenant versus another, the restraining order does not affect your lease at all nor the security deposit of the one tenant ousted from the unit by the other until the lease is at an end. Meaning, the ousted tenant is still under lease and you do not have an obligation to return his share of the security deposit to him unless you want to do so voluntarily.
Good luck.
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