Roommate moving out

One of the tenants renting my house is moving out. She never signed a lease agreement or even a month to month, but she did pay a security deposit. Am I required to give her that deposit back even though the remaining tenants are not going anywhere? if so, can I recoup that money from the other tenants?

[Dreamz]

First off, get a rental agreement for the remaining tenants with every thing spelled out. Check your local/state laws on what you can and can not include in the agreement. IE: A new security deposit. Most times, the security deposit remains while all tenants from this renting are still in residence. She will/would have to recoupe that from those that are remaining. But again, check with your local/state laws on tenant and landlord rights.

I agree with the last poster, Dreamz. Get the agreement in writing. Have all tenants sign it. Don't give back the deposit as the unit is not vacant. Are you accepting seperate deposits from each tenant? And seperate rents? Don't! All tenants are seperately and jointly liable for all lease terms (rent, deposit, etc.). Take one deposit from the group and one rent from them. They can decide who writes you the check or collects from the others. All you do is accept full rent or none. When they vacate, write the check to all the tenants who gave it to you unless one who vacates gives you a letter saying they have no further ownership in it. Let the tenants work it out who gets how much.