Legal Question in Real Estate Law in California

Tenant Deposit Disputes

A tenant borrowed money to pay her deposit on the lease. She was the only one who signed the lease. After she moved out, her ex-boyfriend now claims that the deposit money should go to him due to claimed nonrepayment of deposit to him by the tenant. The tenant claims that she had repaid him, in cash. He is presenting his canceled check as a receipt to the landlord and expects the deposit to be returned to him. The landlord is claiming that fair housing bureau insists that he would be a fool not to give the money to the exboyfriend but has not provided codes or documentation to be referred to.

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Asked on 9/22/00, 3:24 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Tenant Deposit Disputes

I would advise the landlord to only pay the deposit to the person who actually signed the lease. For the landlord further protection I would also have the tenant signed a receipt showing that the landlord repaid the deposit to her. Under these circumstances, should the boyfriend tries to the landlord the court is very likely to tell him to go work it out with his girlfriend.

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Answered on 12/17/00, 3:46 am


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