Q: I have a landlord tenant question regarding security deposits?
The Original tenant gave a security deposit of $5000 to rent our home. The original tenant and his girlfriend signed a renewal lease (month to month) the next year. The girlfriend is now trying to sue us to get the deposit back since we missed the 45 day deadline after they moved out. Does she have a right to the security deposit since she wasn’t on the original lease that provided the security deposit?
A: No. She would have had to be on the lease, and by your description, she was not, and she did not pay the deposit. However, if the renewal lease stated that the security deposit will be applied to the renewal lease and the tenants (with her being named as a tenant) retain all rights to the deposit, then she may have standing to sue. The lease and renewal lease will need to be reviewed by a lawyer. You may want to file a motion to dismiss for failure to join a necessary party (the original tenant who paid the security deposit), or join that original tenant in the action. Otherwise, there will be a risk that the girlfriend receives the deposit which the original tenant is entitled to claim instead.
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