Security Deposit Dilemma in PA

[gorgonzola]

I rented to an unmarried couple who broke up - she filed a PFA against him and mailed me the keys and a copy and told me via phone she wouldn't be living there any more and to remove her from the lease. He stayed for another few months and then asked for lease to be terminated which I agreed to. Both of their names are on the lease so I wrote a check for the full security deposit in BOTH of their names. Now a month later he would like a new check in his name only since he can't contact her!?!?!? I told him that is his problem not mine - what if anything do I need to do - I want to do the right thing.... but do not want to get in the middle or leave myself open to lose/spend any $!

 

[Michael Wechsler]

I assume there is no determination as to how to pay back the security deposit. You can always give him a check for half in his name but, legally, you are correct. It's not your problem to risk giving him the money without her authorization for the other half.

That said, I'm not sure what the lease states now based upon what you told me. Did you ever remove her name from the lease? If you have a letter from her requesting you do so then you have your defense. If she's removed, then the entire deposit will go to the only leaseholder - her ex-boyfriend.