Help ! I am in a big trouble in returning the security deposit to a group of renters

[forzani]

Hi:



I need help!



I rented my house to two families. Now its time for them to move out. Everything is fine so far except for there is dispute in terms of who to return the deposit. Renter A claims she emailed the whole deposit to me so the return should go back to her. Renter B claims that its a group renting, and the share is 50-50，for the deposit, B paid A cash to have A send me the money, so B has half of the deposit.



A and B are conflicting. And they don't talk. Everyone comes to me to claim the money.



How should I return the money without getting involved.



1 way: give all the money to A, but I worry B will claim I didn't return half of the deposit to him.

2 Way, give each 50-50 split. But then A will come to me to claim that she deserves the 100%.



what should I do!!!!!



is there a number to call or a law to refer to?

 

[MatPiche]

Very interesting situation! I would give A the whole deposit as tenant A gave you the whole deposit. If tenant B did not get a receipt from tenant A, or some sort of proof, that is their issue and they can work it out. Even though they both deserve half, I think that is your most "legal" option.

 

[Thomas Beyer]

Assuming for now both parties are on the lease, and assuming no deduction for damages or cleanup, and further assuming sloppy paperwork re deposit money, I'd give each party their 50%.

 

[Sherilynn]

I agree with Thomas. Give it in equal shares to each party on the lease.



Returning the deposit only to the person who "wrote the cheque" is not foolproof because many landlords (myself included) would rather have one cheque/transfer from the suite rather than separate payments from each tenant. I think it is safer to assume that the same applies to deposits.



You could also phone your local Landlord Tenant Advisory Board and see if they know of the preferred method in your province. They should be listed in the phone book or you could Google them.

 

[forzani]

Thanks to everyone. This once again shows that I will for sure get help from whenever I run into any RE problems.



I eventually call RTDRS, (
Residential Tenancy Dispute Resolution Service - Service Alberta
) a government landlord and tenant resolution place. They told me this:



1. This is a frequent happened issue, no worries.

2. I have two options

• one: one check with two names on it. Unless the tenants agree with each other and both sign on it, it is a useless paper
  two: split checks 50-50 each

3. I can only use the check to do this ( to prove I have done this), and if I did one of the two, I am protected. I have no liability to find out who the money is actually from or should return to.



Thanks again