questions & answers

Question: I have rented for 3 years and a year and a half ago my girlfriend moved out - walked out on the lease. I stayed and informed the landlord that my girlfriend had walked out. I am now leaving the property and have given proper 30 day notice. The landlord is stating that the security deposit has to be made out to both myself and my ex because we were both on the original lease. My lease expired and I have been on a month to month basis for the last 2 years. Can the security deposit be issued in my name only if requested in writing on the Notice for Return of Security Deposit?

Answer: This is an interesting question to which the Arizona Residential Landlord and Tenant Act does not provide a clear answer. Ideally, the security deposit issue would have been addressed when the original written agreement expired through the execution of a new agreement listing only one person as the tenant. The original security deposit would have been returned to the former co-tenants together, then the remaining tenant would have provided a new deposit to the landlord. If this did not happen, then the landlord may rightly feel a duty to return the deposit to both of the original co-tenants. Technically, if no new rental agreement was executed, then the other person may have remained a co-tenant. You may wish to seek legal advice about this.