When you moved into your apartment as a married couple, you didn’t think twice about the security deposit. You probably just assumed that you’d get it back at the end of your lease and that the cash would end up in your joint bank account.
And then you divorced.
Who gets the security deposit after divorce, and how do you ensure you’ll get back what you put in? Will your Chapel Hill divorce lawyer be able to help you get your security deposit back?
Sometimes security deposits are fairly hefty amounts—so it’s worth taking the time to figure out which party gets the money after a divorce and how you can get most, if not all, of it refunded to you.
What Your Chapel Hill Divorce Lawyer Might Advise
Your Chapel Hill divorce lawyer is on your team. Before you move out of your apartment, make sure you have discussed all your options with your lawyer; the date you leave your marital home may have an effect on your case.
Generally, you’ll need to notify your landlord when you move out in order to have your name removed from the lease. Talk to your Chapel Hill divorce lawyer about the steps you need to take with your landlord or management company if you’re not sure where to begin.
Your lawyer might advise you to discuss the security deposit with your soon-to-be ex and see if you can reach an agreement; generally, both parties are happier coming to an agreement on their own than they are when a judge makes a decision for them.
Why Security Deposits Disappear
A security deposit is usually given to a landlord before a tenant moves into an apartment or rental home to cover expenses for damages the tenants might cause during their stay. Landlords generally keep part of the security deposit to repair holes left in the walls, clean stains from carpeting or to cover other minor damages.
If you’ve moved from the apartment, but your ex stays until the lease has expired, you may be able to arrange a joint walk-through. You, your ex and the landlord can visit the apartment together to assess any damage that may have occurred during your tenancy.
In many cases, couples agree on the division of the security deposit before it’s returned by the landlord or management company. Sometimes this requires mediation or arbitration. If you and your spouse cannot come to an agreement, talk to your Chapel Hill divorce lawyer. Your attorney will be able to give you guidance based on the unique aspects of your case.
