security deposit : ezLandlordForms

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Maria G

started a topic almost 16 years ago

Our tenents have been late several times and have had 2 nsf's. They now have to pay by cashiers check. They have been in violation of the lease because of this. They are now current with rent. They want to give 30 day notice to move. I have sent several letters in past stating that lease has been broken and deposit has been lost. Can I really not return the $1000.00 deposit? We have had to use it to make payment when they were short with the rent 3 times. Please advise, this is for California.

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Brenda O

said over 9 years ago

I always return the Security Deposit to whomever wrote the check for it when they moved in. If two people move in, I have them BOTH write a check for 1/2 of it.

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Rose S

said about 10 years ago

Hi, This tenant was given 60 days notice in CA. Anyways, his security deposit was used for one month's rent. There was major damage to my antique furniture that he used in the room as rental with an antique dresser pull missing and some other minor room damage, dirty carpet and an additional one's month's rent. Do I still have to provide an itemized deposition for retaining his deposit when he clearly owes more? I don't want to deal with him anymore (especially in court) and I don't want him coming around my home anymore. I am just relieved that he is out and not having to go through the eviction process. RS

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Dawn A

said about 10 years ago

Definitely provide an itemized deposit showing he owes you money.

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Kathy J

said almost 10 years ago

Are you the landlord or the tenant? Many times a bank will not honor checks more than 6 months or a year old and the recipient will have to go to the person or business who issued the check and have them amend and initial the date on the check or issue a new check. If you are the recipient, you should contact the landlord and ask them about amending or reissuing the check. If you are the landlord and the former tenant has still not cashed the check, try contacting at their forwarding address to ask their intentions regarding the deposit refund check. If you are not able to contact them, check your state requirements about unclaimed funds. You may be required to turn the unclaimed funds over to the state for safekeeping after a specified amount of time. If so, notify the tenant at the last known address and follow your state's law regarding unclaimed funds.

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Steven C

said almost 10 years ago

I'm a FL landlord and I've got a tenant that installed a dish, had it removed but left the plate and some wires coming from the house...so is it reasonable to charge against the security deposit for the removal of the plate and wires as well as assess for damages against the tenant if the roofing company finds damage?

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Derrick D

said almost 10 years ago

Yes you can keep the rent for the unpaid rent, but if you have a good relationship you can send a notice for a demand for rent. Usually the tenant will honor that and pay what is owed. Please make sure that you keep communication open so that the tenant knows that you are aware and you know where they stand. Too often it is a lack of communication that brings stress.

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Sinead H

said almost 10 years ago

Thank you Derrick!

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Justin R

said over 9 years ago

You can try to retrieve all extra monies from the tenant by starting a suit in small claims court. Make sure you have repair receipts or quotes as well as proofs of damages.

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Patty H

said over 9 years ago

Yes you can use the security to pay the remaining balance, however if there are repairs to be maid you may need to do small claims to be able to recover any other losses. Make sure to gather an itemized list of expenses and repair receipts.

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Justin R

said over 9 years ago

If the girlfriend was part of the lease and paid into the security you would return the deposit to her as well unless money does need to be used for repairs or deductions. This is the simplest way and you would not be legally be in fault of anything.

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Jorge B

said over 8 years ago

Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not they continue to live in the rental unit, unless in the military, suffered illness/accident or need to be in the care of a facility, domestic violence, they are unsafe, or if the landlord violates privacy rights. I would really read the lease agreement thoroughly and also consult with a lawyer to ease your mind. I am too nice so I just let them go and sign a mutual termination agreement. Good luck!!!

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Tina S

said almost 9 years ago

Even if they breached the lease I will send them a itemized deduction explaining that to them? Just want to make sure I am sending the right thing to them. Thank you,

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D.Lan'Ae C

said almost 9 years ago

our tenant was evicted and forced out by bailiff he left behind a lot of personal items, upon trying to itemize them to move them to storage, he was witnessed breaking into the property. Damage was done to the door frame window and garage panel. There was a written statement by a witness and police were involved. We have filed a restraining order because he got violent and was harassing us. He was advised of fees for storage and itemizing etc. with no response, he went to court and filed low income even though he drives a Porsche and has a 6 eviction history, this is his norm. He filed a motion to have his possessions returned with no lien, emergency. It was denied because he had not forwarded his info etc. I had continued to send him demands, oh he also reported to district attorney for bounced check. Anyways, he filed again same thing and it was granted for us to return his goods. we were prepared to return them based on the court order that day but he made no contact nor a representative did not contact us either. I filed with the judge because we were not properly served and unaware of the hearing. At this point we would like to sell his goods to recoop the loss for hauling and moving inventory and storage of the items, then take him to court for the balance due for rent, prosecute regarding burglary and the bad check. do you have any advise or legal ramifications regarding the matter at hand.

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Patty H

said almost 9 years ago

You simply need to send them a itemized deduction of what the security is going to be used for. This is true also that if they did breach the lease they did forfeit the right to the return of the security deposit.

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Armando L

said over 8 years ago

Oh gee, that seems like a lot of damage. If the damage was caused by the tenant then that is a validated reason to take from security deposit to fix the issues and make the house livable for new tenants.