Legal Question in Real Estate Law in Utah
security deposit
I loaned my grandson and wife the money for their security deposit for their apartment. My granson has found a job out of state. The owner has refused to give the security deposit back. They will not be in this area to fight for the deposit. Do I have the legal right to take the owner to small claims court for the deposit?
What is the return of the security deposit based on ?
1 Answer from Attorneys
Re: security deposit
Generally there are two deposits, the security deposit to assure that all of the lease payments are made; the other is for damage to the apartment. The deposits are returned if the premises are clean and the payments are made. You should tell your grandson that he is responsible to pay you back for the deposit, not the landlord. Grandson borrowed the money from you. You did not make a deal with the landlord.
However, your grandson can assign the claim to you for collection, which assignment should be in writing. You then own the claim and can pursue it in court. (Small claims)
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