Legal Question in Real Estate Law in Massachusetts

Security Deposit Return

I am a landlord with tenants moving out. I would like to return their security deposit, but they can't agree on how to split it up. The lease had both their names on it. The escrow account has both their names on it. One person claims that all of the money was theirs and that I should give it to them, while the other wants half the money returned to them. I don't want to be in the middle of their failed romance and don't +know what the law requires of me.


Asked on 9/08/08, 4:23 pm

3 Answers from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Security Deposit Return

Do you recall how the security deposit was paid to you at the beginning of the tenancy?

If you received one check from Tenant A, I would give the money back to Tenant A and let them figure it out.

If you would like any further assistance, please do not hesitate to contact my firm. I represent both landlords and tenants throughout the greater Boston area.

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Answered on 9/08/08, 4:30 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Security Deposit Return

You can write a check naming both of them on the check.

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Answered on 9/08/08, 5:25 pm
Michael Baldassarre Law Office of Michael J Baldassarre

Re: Security Deposit Return

I agree with Henry; make the check payable to both parties and let them sort it out.

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Answered on 9/12/08, 2:44 pm


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