Legal Question in Real Estate Law in California

if two people enter into a lease agreement for a rental property and one person moves out with no notice before the lease is up effectivly breaking the lease agreement, who will receive the security deposit.


Asked on 10/07/12, 6:42 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If I were the landlord, and had leased the property to "X and Y, as cotenants", then I'd make the deposit refund check jointly payable to X and Y. How they want to divide it up is their business.

If I am Tenant X and have faithfully lived up to our lease agreement, and you are Tenant Y and have flaked out on me, I'll sue you in Small Claims for your share of the rent I've paid. They you can have your half of the deposit refund.

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Answered on 10/07/12, 6:50 pm


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