Midlothian, VA asked in Landlord - Tenant for Virginia

Q: Return deposit when one tenant leaves and others stay?

I am a landlord in Virginia. We have three tenants. Two renewed the lease and one wants to leave. The deposit check was written by the mother of one of the remaining tenants, but I believe all three payed her equally. Am I legally bound to return a portion of the deposit to the tenant leaving or should the roommates figure it out among themselves?

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2 Lawyer Answers
F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: The roommates should figure it out among themselves. Generally in Virginia, the landlord has no duty to the tenants to apportion the return of the security deposit, unless the lease provides otherwise.

Steven Krieger
Steven Krieger
Answered
  • Landlord Tenant Lawyer
  • Arlington, VA
  • Licensed in Virginia

A: The tenants will usually sort this out by themselves such that the one who is leaving will get her deposit back from the person is entering.

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