deposit refund : ezLandlordForms

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Lisa S

started a topic over 12 years ago

My tenants were under a year lease.They asked to leave 1 month early.I agreed to let them.I did not send them the list of deductions from thier deposits,or any refund.I planned to do it 30 days after the end of the lease instead of 30 days after thier actual move out date.Now they contacted me saying that I owe them double.Is that true?

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Donna

said over 12 years ago

If the landlord keeps a tenant's security deposit at the end of the tenancy, the tenant must be notified in writing as to the reasons for retaining part or all of the deposit, and be given an itemized list of the deductions, along with the cost of each deduction, and written evidence such as copies of receipts, estimates or invoices for each deduction made. The balance of the security deposit, after the deductions, must be returned to the tenant no later than fourteen days after the rental agreement is terminated. In any action in the small claims division of the district court pursuant to where the court determines that the landlord WRONGULLY AND WILLFULLY retained a security deposit or part of a security deposit, the court MAY award the tenant damages in an amount equal to three times the amount of the security deposit, or part thereof, wrongfully and wilfully retained and the cost of suit. IF the landlord wrongfully retained a security deposit or part of a security deposit, the court shall award the tenant damages in an amount equal to the amount of the security deposit, or part thereof, wrongfully retained and the cost of suit. If the landlord was entitled to retain the security deposit or a part of it, the court shall award the landlord damages in an amount equal to the amount of the security deposit, or part thereof, in dispute and the cost of suit. In any such action, neither the landlord nor the tenant may be represented by an attorney, including salaried employees of the landlord or tenant.

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Tim J

said over 12 years ago

In Virginia the deposit less any documented deductions must be returned to the tenant within 45 DAYS. This website lists it as 14 days in the state specific lease erroneously in a add-on tip. Please check your states specific laws on this for yourself.

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Ralph F

said over 11 years ago

What did your lease say, regarding pest control services? Some state it's the tenant's responsibility, in which case you'd have a leg to stand on in court.

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Bob R

said over 11 years ago

When did they report the problem compaired to when they moved in?