Termination and refund : ezLandlordForms

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Bob S

started a topic over 4 years ago

Hi there, I am new here and new for real state also. I have house in Alabama. I let one guy to rent it, late he failed to pay rent on time, I sent him late fee charge and asked him to pay within 2 weeks, he refused to pay, then I asked him to vacate property within 1 week. He did. I have his security deposit and he paid for month X full but didnt stay entire month due to termination of lease (fault was on his side). Do I need to refund that unused nights? Let's say he left in 26th of month and 5 nights he didnt stay, but paid the rent late. Do I need to refund that 5 nights at prorated base? I guess I have no choice, but refund security deposit after deducting cleaning and damage repairs etc. Thank you, Bob I.

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John P

said over 4 years ago

So say we are talking about January. He eventually paid January rent, but not on time? And no late fee? What length of time for notice does your lease provide? You say you asked him to leave with one week notice and he did. Does you lease even allow for that? Not that it matters to this guy, but you need to understand BOTH sides of the lease agreement. If he had a lease for 11 more months, legally you could hold him to paying that entire lease until you got a new tenant in there, and you'd have to make reasonable efforts to find a new tenant, not just try to collect from him. It sounds like neither of you followed the lease---assuming you had one. I'd prorate the five days IF he paid rent that month, but I'd also deduct the late fee as well as reasonable cleaning fees. Not worth the fuss he could cause if he decided to bring a lawyer into it.

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John K

said over 4 years ago

Not the usual. I agree with John, to prorate the 5 days. You could deduct the late fee, cleaning and any damages from the deposit. Some states you need to address the deductions and the tenant can refute them up through 30 days. I'm going to say you might be lucky with this situation. Going forward be sure to know the landlord/tenant laws in your state or you could be in a huge conundrum. Follow the law and the lease.

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Richard A

said over 4 years ago

Here in TX, Precinct 2, There is a loophole to benefit the landlord. Folks are burning you so DO NOT except payment. Then evict. You lose the month but not the deposit. That covers lose plus you can claim damage also. Renters mostly don't play fair so I won't either. My experience of 5 years. Sometimes, I'm tired.

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Ramon C

said over 4 years ago

not going foward with rental