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    jam425's Avatar
    jam425 Posts: 3, Reputation: 1
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    #1

    Jun 27, 2009, 08:03 AM
    Co-tenant demands deposit refund - domestic violence
    I'm a landlord that has leased a house to a couple (boyfriend/girlfriend). Recently the couple had a big fight and the girlfriend moved out and obtained a temporary restraining order against the (former) boyfriend. She sent me an order from the court instructing me to release her name from the lease with a copy of a Washington law that stipulates in cases of domestic violence the landlord must comply. She is also demanding the full deposit ($1450). She claims she paid it - not her boyfriend. We spoke to the boyfriend who has a different story. He claimed they agreed if she paid the deposit he'd buy needed furniture. When she moved out she took the furniture. I told her that as a landlord I shouldn't have to decide who paid what and that if she wanted a refund, she should get it from her former boyfriend or let the courts decide. There is a court hearing in two days about the restraining order (don't know details). As a landlord, should I wait until after the hearing results to make an addendum releasing her from the lease or release her now (she's being very demanding). Also, who should the deposit refund be coming from - her boyfriend or me (the landlord)?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jun 27, 2009, 08:10 AM

    From my understanding whether she paid it or not that would be between her and her boyfriend and she would have to go after him for half or full amount but you should not be obligated if the money was not paid to you from her for her share.

    If the money was paid to you by her for her share then I think it is a little more complicated but she still would not be able to receive more than her half of the deposit. She would still have to go after her boyfriend for the other half she put out for his share.

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