Q: Married couple renting 10 yrs.Divorcing.Husb staying with a roommate. How handle security depo with wife?
Will run credit check on new roommate and get new rental agreement. How handle security deposits to wife and new tenant, since property not vacant to do proper inspection for return of deposit to wife and husband?
A: I assume the lease is in the name of both the husband and the wife. You need to enter into a new lease agreement where you require as a condition to renting the payment of a new security deposit. You then need a letter of instruction signed by both the husband and the wife as to how to return the original security deposit and to whom it should be paid. The alternative is to issue a joint check and tender it to the address for notice provided in the lease and let the husband and wife sort it out. You need to avoid getting entangled in the property settlement taking place between the divorced couple. Either technique will work.
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