DEposit never received from tenant, but lease states I will return it at end of lease : ezLandlordForms

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Alejandra V

started a topic over 10 years ago

Hello, I have this situation, 7 months ago, I signed lease with a tenant, in which she was supposed to pay 1 month rent. Then, being an assisted housing and all that, I waived the deposit, but I just realized we don't have an addendum stating that. Now, I have a lease contract stating that there is a security deposit that will be returned at the end of the lease, but not the money, since she never had to pay it. What is the risk of me having to fight back to avoid returning a deposit that I never actually received? Thanks for any ideas!!!

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Luis M

said over 10 years ago

I would be really careful with that. I would have her sign an addendum stating that the fee was waived.

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Francis G

said over 10 years ago

I agree with Luis. Have her sign the addendum ASAP!! If you wait until she is moving out, she won't sign anything.

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Mireya J

said over 10 years ago

I had a tennant who signed a Lease on Feb 6. She asked if I could split her deposit in three payments. I said ok, we can do that. On March 6 she still hadnt moved in, which is not my concern. However was rent was paid and 2nd part of deposit was paid as well. She finally moves in Mid March only to text me on Mar 27 that she would have to move out. I called her to please provide me with a 30 day notice or would she be forfeiting her deposit. She then stated, that she would then stay the Month of April to have her 30 day notice. They then stayed till April 11 with rent paid for the month of April. However, she left the house in the best condition. However, I do not prorate rent. She is expecting half of the rent of April back because they moved out early and deposit back as well. she did not pay the third installment of the deposit which was due in April. I asked her to give me a fowarding address. She refused to but she said she would come to my mothers house to look for me. My mother lives in the same community. I dont feel that I owe her anything for not ever giving me a written notices and then out of the blue leaving mid April. Deposit was 1200 and she only paid 800. I still dont have qualifiable tennants for the house yet.

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Daryl J

said over 10 years ago

I would refund the $800 deposit and call it a day. It sounds like she was not an ideal tenant but no where near a nightmare. The deposit is a security against damages, since there is not damage you should refund the deposit. But since she will not provide a forwarding address she would have to wait to catch me to actually get it back. I would not leave it with my mother.