Legal Question in Landlord & Tenant Law in California

The couple who is renting my house (in Sacramento,CA) is moving out and separating. Originally, the husband put down the full deposit, but both the husband and wife signed the lease agreement. The husband would like for any remaining security deposit to be split in half; 1 check written in each of their names. Can I legally do this or must I issue 1 check in both of their names?


Asked on 4/17/13, 5:27 pm

1 Answer from Attorneys
Daphne Macklin Law Office of Daphne L. Macklin

If the tenants each agree in writing to this distribution of the security deposit then you should be free to follow their instructions on this matter. I would accompany the individual checks with a notation advising that the division was per their agreement.

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Answered on 4/18/13, 7:41 am


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