Which Tenant Gets the Security Deposit?

When multiple tenants are listed on a lease, there can be confusion about who to make the check payable to in the return of a security deposit at termination.

This issue comes up quite often in roommate situations or where a couple divorces and are both named as tenants on the lease. Often, one roommate or spouse will request that the security deposit be made payable to only that roommate or spouse.

Paragraph 10C of the Residential Lease (TXR 2001) requires that the landlord make the check payable to all tenants named on the lease. Since all tenants are parties to the lease, they are all entitled to any refund of the security deposit.

Source: Texas REALTORS®