Medford, OR asked in Landlord - Tenant for Oregon

Q: Who do I make the security deposit refund check out to? (Roommates)

Girlfriend/boyfriend tenants moved out. Boyfriend hasn't responded to my email request for who the security deposit check should be issued to. I gather that he moved out some time before she vacated the unit, without informing me. My online payment processing service (Cozy) suggests that the girlfriend was the one who made the security deposit payment. Am I safe to issue the check to her alone or should I write both of their names in and let them sort it out?

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1 Lawyer Answer
Gregory L Abbott
Gregory L Abbott
  • Landlord Tenant Lawyer
  • Portland, OR
  • Licensed in Oregon

A: You are wise to ask ahead of time! IF both are on the rental agreement, then both names should be on the refund check ("Pay to the Order of John Doe and Jane Doe") with an "and" between the names. Let them sort it out as to who gets how much. If you just guess, or take one tenant's word for it without the second's concurrence, you risk being liable for not paying whatever amount one of them claims or deserves. Make it their problem, not your's.

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