Return of Security Deposit : ezLandlordForms

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Cindy K

started a topic over 12 years ago

We rented to someone who was served with a restraining order from one of the neighbors, police were called in on another charge, who broke the door in. All police charges were dropped, restraining order remains. We asked him to move, but he didn't so we started eviction proceedings. He ended up moving out 3 weeks later. He originally had signed a year lease, ended up moving out at 11 months. He moved out on the 6th of the month, we found out on that day he had vacated the property. We cleaned up the place, fixed the kicked in door and are ready to rent again. What deposit, if any are we required to return?

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Bob R

said over 12 years ago

By asking him to move and starting an eviction, you terminated the lease. I believe you can only deduct amounts required to return the property to the condition he received it in. You could also deduct attorney fees, etc. provided your lease allows you to. Count your blessing that he left on his own. If he hadn't, you would have to go thru the courts which could have cost you over $1000.00.

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Karen S

said over 11 years ago

you could try to claim funds with notice, but if they dont pay and you decide to go to court then judge would ask, WHY did you return the funds in the first place? it would most likely affect your credibility.

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Bob R

said over 11 years ago

Not enough info. There's more to the story. Why did you return all the deposit?