Guarantor gets my security deposit refund??

[jennifert]

I recently moved out of my apartment after 12 mos. My security deposit was made out to 4 people with it listed as "and" between each names..

1. Is it legal to have a cosigner/guarantor be listed on the security deposit refund check if that person was only listed for improved credit purposes, never resided at the apt, never paid for anything and was never listed on any of the rental account statements??

2. Is it legal for my daughter (24) to be listed on the security deposit refund as well? She temporarily resided in my apt for the last 6 months, was forced by the landlord to conduct a credit check and be placed on my rental contract even though she only stayed for the last 6 months of residency, never paid for anything, was not on the rental statements. I was never told and it was not in my contract that she would be entitled to my security deposit refund and her name be placed on the refund check.

3. Is it legal for the cosigner/guarantor's wife to also be listed on the security deposit refund check when she was never on the contract, not a tenant, etc? I also found her name on the security deposit refund.

I am in a separate dispute with my mother and daughter and as a result, I decided to move from my apt to a separate location. I had issues getting my daughter to stop living off me and she refused to move out and because she was on the rental contract, the only way I could get her out was to evict her. I ended up moving out but now my daughter is trying to take my security deposit even though it wasn't her money to begin with.

What is my legal recourse to handle this mess?

 

[army judge]

I recently moved out of my apartment after 12 mos. My security deposit was made out to 4 people with it listed as "and" between each names..

1. Is it legal to have a cosigner/guarantor be listed on the security deposit refund check if that person was only listed for improved credit purposes, never resided at the apt, never paid for anything and was never listed on any of the rental account statements??

2. Is it legal for my daughter (24) to be listed on the security deposit refund as well? She temporarily resided in my apt for the last 6 months, was forced by the landlord to conduct a credit check and be placed on my rental contract even though she only stayed for the last 6 months of residency, never paid for anything, was not on the rental statements. I was never told and it was not in my contract that she would be entitled to my security deposit refund and her name be placed on the refund check.

3. Is it legal for the cosigner/guarantor's wife to also be listed on the security deposit refund check when she was never on the contract, not a tenant, etc? I also found her name on the security deposit refund.

I am in a separate dispute with my mother and daughter and as a result, I decided to move from my apt to a separate location. I had issues getting my daughter to stop living off me and she refused to move out and because she was on the rental contract, the only way I could get her out was to evict her. I ended up moving out but now my daughter is trying to take my security deposit even though it wasn't her money to begin with.

What is my legal recourse to handle this mess?

Was the deposit paid solely by ONE person?
If one person paid the entire deposit, the lease and supporting documentation should have been so noted.
I doubt that they were.
Therefore, look at the next paragraph.

Or, did each person pay 1/4 of the deposit?
If the lease indicates that each person paid a pro rata share of the deposit, that is how it will be disbursed.
If that was not the case, it should have been corrected before signing the lease or moving into the unit.

The lease is the governing document in these cases.
That is why the terms and conditions of the leasehold are memorialized in the written and signed lease.

 

[jennifert]

security deposit refund to guarantor?

Yes, I paid the entire security deposit myself and the entire rent each month and have the bank statements to prove.

I asked the landlord why they were issuing my security deposit to me, my daughter and my parents and they said it was because they were all on the lease and California law recognizes them all as tenants.

However, my mom wasn't on the lease but my step dad was as a guarantor because my credit was impared but my financial, job history wasn't. My daughter didn't pay them anything.

So now I have a security deposit in 4 names, one of which isn't even on the lease.

If I have all the bank statements and a lease agreement that shows that my step dad was only a credit guarantor, isn't the law on my side for getting the security deposit refund in my name only since I am the only one that paid for it from my own bank account?

 

[army judge]

Yes, I paid the entire security deposit myself and the entire rent each month and have the bank statements to prove.

I asked the landlord why they were issuing my security deposit to me, my daughter and my parents and they said it was because they were all on the lease and California law recognizes them all as tenants.

However, my mom wasn't on the lease but my step dad was as a guarantor because my credit was impared but my financial, job history wasn't. My daughter didn't pay them anything.

So now I have a security deposit in 4 names, one of which isn't even on the lease.

If I have all the bank statements and a lease agreement that shows that my step dad was only a credit guarantor, isn't the law on my side for getting the security deposit refund in my name only since I am the only one that paid for it from my own bank account?

I asked you about the lease.
Are the names on the lease, the same names that are on the check?
Are the names on the check, the same names that signed the lease?
If you feel the deposit should be returned solely to you, speak with the landlord.

It isn't unusual for one person to pay the deposit and collect from teh others.
The fact that you have checks isn't determinative.
The lease is determinative.
If there are 4 name son the lease, the deposit is assumed to be split 4 ways, unles sthe elase says that the deposit was paid by ONE person only.

You may have paid the entire deposit, but if it isn't in the lease, that isn't how the landlord will treat it.
If the lease was in error, it should have been corrected before or upon move in.