return of prepaid rent
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return of prepaid rent (by Kim [IL]) Nov 1, 2012 9:19 AM
       return of prepaid rent (by S i d [MO]) Nov 1, 2012 12:15 PM
       return of prepaid rent (by Ellen [ME]) Nov 1, 2012 12:25 PM
       return of prepaid rent (by WMH [NC]) Nov 1, 2012 7:17 PM
       return of prepaid rent (by BRAD 20,000 [IN]) Nov 1, 2012 10:06 PM
       return of prepaid rent (by Chris [PA]) Nov 2, 2012 4:55 AM
       return of prepaid rent (by Mike [TN]) Nov 2, 2012 8:30 AM
       return of prepaid rent (by BRAD 20,000 [IN]) Nov 2, 2012 8:50 PM

return of prepaid rent (by Kim [IL]) Posted on: Nov 1, 2012 9:19 AM

I had a non-married couple rent a house. They paid the security deposit. After several months the man gives me written notice that he has moved out and the women will be staying and that when she moves out he expects 1/2 of the security deposit.

OK, so about 4 months later the women gives me notice that she has moved out but understands that she has to pay rent until re-rented. She alone paid the rent through the end of October.

A new Tenant moved in the middle of October. So my question is does only the women get the refund of prepaid rent or should I send it in both of their names? Obviously she thinks she's entitled to all of it. My lease says the security deposit refund has to be in both their names? By the way the house was left spotless with no damages whatsoever.

return of prepaid rent (by S i d [MO]) Posted on: Nov 1, 2012 12:15 PM

Similar topic was addressed yesterday.

Let's play a pretend game:

A tenant (1 of two students renting a house) says, "I paid 1/3 of the deposit and my friend paid 2/3 of the deposit, but then I paid 45% of the rent for 4 months and she paid 67.35% of the rent for 6.7 months but then I moved out 5 months in advance and my roommate stayed for 2 1/2 more months and she paid all of the rent them, so I want refund of 33.45% of the money or my lawyers will sue you!". AAAGGGH! Tenant drama! See how utterly ridiculous this can get, if YOU let them drag you into their stupidity?

There is one lease, one deposit, one rent check, one refund with all three names (yours, tenant 1 and tenant 2) on ALL documents.

They chose to "play house" and it didn't work out for them. Let them deal with their drama. You stay legal and stay out of it.


return of prepaid rent (by Ellen [ME]) Posted on: Nov 1, 2012 12:25 PM

I see this slightly differently than Sid.

There are two separate issues, the security deposit and the rent.

IMO, refund SD as indicated in lease, with one check to two people. Refund the rent to the tenant who paid it in a separate check to her only.

return of prepaid rent (by WMH [NC]) Posted on: Nov 1, 2012 7:17 PM

I had my divorcing tenants sign a release agreeing that the SD would be split 50/50 so I could send separate checks. I said if they didn't, I had to send one check with both listed on it. They didn't question it - although personally, I don't know which ADDRESS I would have sent it to - they had separate forwarding addresses!

I would return the rent to her. He obviously didn't pay it and that is not part of the lease anyway. --173.22.xx.xx

return of prepaid rent (by BRAD 20,000 [IN]) Posted on: Nov 1, 2012 10:06 PM

"A clause! A clause! My kingdom for a clause!"

Kim , an Early Lease Termination Fee clause would have put money INTO your pocket, rather than talking about GIVING BACK money.

Our lease is clear, we pro-rate rent on the way in, we DO NOT pro-rate it on the way out.

If your lease is not clear, tell her it is your "Standard Policy".

Stand strong Kim! They made THEIR problem YOUR problem. THEIR mess made extra work for YOU. I sympathize with folks going thru issues, but we ALL have issues. The lease is the boundry line. We're cordial and respectful, but we stick to the lease. That way EVERYONE knows what to expect.

We stopped giving away money. We cannot control the date they leave, so they pay for the month and have the freedom to leave when they want.

When you return a rental car early do they give you a refund? No! You paid for the day no matter how much of the day you use. They re-rent it as quickly as possible, probably the same day. If we start breaking down the month into days, what's to keep them from asking for hours? "I left at noon so give me an extra half day back."

What YOU do with YOUR house after she leaves is YOUR business, not hers.

Professional apt complexes do not give money back. Don't be a push over.

return of prepaid rent (by Chris [PA]) Posted on: Nov 2, 2012 4:55 AM

You need to return the security deposit 50/50. But as to the rent, did the woman give 30 days notice she was vacating? Did the woman live in the unit for any part of October? How much did it cost you to make ready and re-rent the place? Depending on the circumstances, she may not be entitled to any refund of rent.

return of prepaid rent (by Mike [TN]) Posted on: Nov 2, 2012 8:30 AM

Issue the SD check to both names and send it to her. Let her sort it out.

As for the prepaid rent, you need to deduct your expenses, such as having the place ready, put an ad in hte newspaper, driving to and from the place to show people (gas and your time) and so on. After all that, I don't think there is much left. I would issue another check to her for the money left since you have the written notice from the hubby.

It is their problem and let them sort it out for the SD. You don't need to be in the middle of it. The hubby could come back and sue you if you gave everything back to her.

As Brad said, you need to have an ETL clause in your lease so everyone knows what to do in this case.

return of prepaid rent (by BRAD 20,000 [IN]) Posted on: Nov 2, 2012 8:50 PM

Chris, no offense, that sounds handy but that's illegal. Remember, the law does not operate on common sense!

The SD must be returned to ALL the names listed on the lease. THEY split it as they chose.

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