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Tenant divorce Who gets the rental deposit


Tenant divorce Who gets the rental deposit

Last updated: June 16 2019
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  • Tenant divorce Who gets the rental deposit

    Hi all,

    I have a flat in Mumbai that I gave on rent to a couple. They've been good tenants mostly. Paid the rent on time. The rental agreement was done in the name of the wife.

    However, they recently filed for divorce and hence went back to their respective parents place. They indicated they want to terminate the agreement as well. (they are past the lock in period - hence perfectly valid)

    A few questions though:

    1. I think (not very clear on this), the husband issued a cheque from his account for the initial rental deposit and in fact paid the rent for the first few months from his account. However, the rental agreement is in his wife's name. Should I return the rental deposit back to the wife (since the agreement is in her name) or the husband (if he was the one who paid the initial deposit)

    2. The husband also called me and requested if I can withhold the money from his wife as she is trying to swindle him off money. I don't think that is legally possible. However, is there any legal trace I can maintain to keep a record of the fact that I returned the deposit amount back? and let the couple fight it out on who should get how much of it in court?

    3. He even requested if I can provide him with a copy of the rental agreement. Am I allowed to provide him that - since he is not the one who is on the agreement.

    Thanks in advance!

  • #2


    Re : Tenant divorce Who gets the rental deposit

    Dont they have a joint account? That would be best option. Can they talk to each other and take 50/50? Side note, how long were they married and staying in your rental?
    Sab Flat Hai


    • happyDot
      happyDot commented
      Editing a comment
      To begin with, it looks like it wasn't an amicable divorce. Dont think they agree on how to split this evenly. Either ways, I checked with a few people. What they stated: even if the husband paid for the rent or deposit with his cheque, since the agreement is in the wife's name, she should get the refund (not her husband). it is then up to them to figure out - either amicably or via court on how to split the money.
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