Your former tenants were friends with each other and now are going their separate ways. Both just moved out. Maybe one moved out a long time ago.

You are going to be sending out a Notice of Intention to Impose Claim on Security Deposit or, you already have, and the tenants are entitled to some refund.   Maybe there is no claim on the deposit at all, and the tenants will be receiving a full refund.

Normally, one paper check is made out to both tenants, sent to one of them if they live separately now and it is up to them to deal with splitting it if in fact both feel that they paid a portion of the whole when they originally moved in or for some reason want it split a certain way.   Maybe one paid the whole thing in the beginning, and one wants to keep the whole thing. That’s not your problem.  When sending a paper check, the check is in both names, so they deal with it.

In reality, these days checks are becoming far less used, and the property manager and tenants deal in electronic payments.

You can’t send one tenant an electronic payment in full leaving the other with nothing unless this was agreed to by all parties in writing.  You can’t send the whole sum to both electronically as there is no physical check to have both names on it.  Is there an easy solution?

The solution is simple.  We have a form that the tenants can sign whereby they agree who gets what if anything is going to be refunded.  They may agree that one gets all, maybe it is split 50/50.  Maybe 75/25.  It does not matter.

Using this simple form, which you can convert to an e-signable document, allows you and the tenants to agree on who gets what and allows you to use your electronic payment system with ease.  Still using paper checks?  You can send 2 checks to 2 different people in whatever percentage they agreed to on the same form. Everyone is happy.

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