Q: How do I split security with lease in 2 names, and tenant who's name is on security account left before lease is up?
I own a property in Florida that was leased to boyfriend and girlfriend. Security account was in girlfriend's name and SS#. I just found out that girlfriend moved out a while ago and now lease is up. Boyfriend is concerned about getting his portion of security back, they are not on speaking terms. I have no idea what percentage each of them originally paid, that was between them.
Can I issue one check in both of their names for return of security or does it have to be in her name alone since the account was in her name? Or can I just give him cash for half and if I can't contact her after trying for 30 days keep the other half of the deposit?
A:
The statute that applies can be found here:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.49.html
Send a check to her, at her last known address. No, as you suspect, he has no right to any of it. Use a check, do not deal in cash. And no, you can't keep it.
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