Legal Question in Landlord & Tenant Law in Rhode Island
Rerturning a secuirty deposit to a tenant
Hello -
I recently rented an apt. to a couple and insisted that both parties be listed on a month-to-month lease. Both agreed and signed the lease. One party gave 30 days notice to vacate and is requesting 1/2 of the security deposit back. The other party is going to continue to live in the unit. Am I obligated to return 1/2 the deposit? There is no language in the existing lease that states 1/2 would be returned to a party that vacates. Am I also obligated/advised to draw up a new lease with the remaining tenant or do we need to amend the existing lease?
1 Answer from Attorneys
Re: Rerturning a secuirty deposit to a tenant
The security deposit is paid as per the unit rented to cover for damages-if any-due the exploitation, not as per the number of tenants; now whatever arrangement the tenants have between them to divide their obligations in half remains their problem as long as it's not stated in the lease contract.
However, if you wish to avoid the vacating party's return-unnoticed-at any given stage during the exceution of the contract &/or the use of that contract details to prove a false residential status in any misleading action, I would certainly advise an amendment of the contract to include the remaining tenant's name ONLY & avoid any further complications; such as having the remaining tenant appear on your doorstep one day asking to pay half of the rent!!
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