Legal Question in Real Estate Law in California
Security Deposits with Multiple Lessors
Long story short, I and a roommate rented an apartment; an uncle cosigned the lease. After we moved out, we recieved a check for the security deposit made out to all three people. The uncle is now over a thousand miles away and in the late stages of terminal illness; I don't want to trouble him. The property manager insists that they are legally bound to write the check with all three names, and cannot issue a new one with just the tenants' names under any circumstance. Is this correct?
Thank you.
2 Answers from Attorneys
Re: Security Deposits with Multiple Lessors
It is not correct.
Civil Code section 1950.5(g) specifically requires refund of the deposit to the tenant, and makes no mention of co-signers who signed in the capacity of guarantors rather than as tenants.
(I assume the lease describes the uncle as a guarantor rather than as a tenant, in one way or another, if not using these precise terms).
Further, the landlord could legally and with reasonable safety make the deposit refund to only one of the two co-tenants on the basis that each is the agent of the other. For practical reasons, most landlords prefer to use joint-payee checks to avoid entanglements, but they don't have to.
Re: Security Deposits with Multiple Lessors
So common get the other two to sign a check, cashed them make anyone to your uncle, what's the hardship. He not speaking, there too far away, no excuse, just get it done.
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