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General Property Management
security deposit
m
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.
150 Comments
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A
Andrea G
said
over 4 years ago
Typically 10 - 15 days but it's best to check with the state statues where the property is located.
S
Scott H
said
over 5 years ago
2. it should be spelled out in the lease if they have to clean the carpet. I require both the carpet cleaned and the house professionally cleaned. 3. Yes 4. depends on the damage they might be responsible to pay for replacement. 5. Some nail holes are to be expected.
M
Matthew M
said
over 5 years ago
per google "Landlords in Washington have 14 days from the date of lease termination or a tenant's move-out date to return the portion of the security deposit owed to the tenant."
J
Joseph L
said
over 5 years ago
I believe in always being fair. If the tenant was responsible, paid the rent on time, and otherwise not problematic, and if there was no damage to the property, then this is a seems to be an ethical decision for you as well as a legal one. You are legally bound to lease. If the lease states the deposit is refundable and there is no justifiable reason for you to keep it, then you are responsible for paying the renter. It is not the renter's fault you or your team failed to do comprehensive book keeping / due diligence. The renter held up their end of the deal by paying rent. You must hold up your end of the deal by returning the deposit. If you wish to pursue this then you should target the former owner or the party responsible for managing the ledger. The question you have to ask yourself is, is deposit worth effort and expense? I don't think. Consider it education fee in property management., To be clear, you are wrong to make the renter responsible for your mistake.
M
Matthew M
said
over 5 years ago
Lesson learned
j
Jahfwkwi J
said
almost 6 years ago
20
j
Jahfwkwi J
said
almost 6 years ago
20
M
Matthew M
said
almost 6 years ago
It depends. You only need to show receipts to the judge but you could just .pdf the ex-tenant a copy. That would look good to the judge should it come to court. What the tenant is trying to do is claim you overcharged your labor for clean-up. So, as long as you keep your charges reasonable, let him scream. What I do? I always have the apt professionally cleaned. That way, if the ex-tenant starts crying, I send a .pdf of the bill and have them take it up with the cleaning company.
M
Mary D
said
over 6 years ago
I would not agree that normal wear & tear includes cleaning a dirty oven, dirty or greasy grimy floors, a dirty refrigerator, dirty blinds, dirty windows, dirty carpeting, grimy or mildew shower, a countertop built up with grease grime film, etc.... Document all dirt and document over and above cleaning time & costs.
M
Mary D
said
over 6 years ago
also, as i understand it, you cannot deduct a charge of what it would cost to replace the damaged flooring from the deposit without actually replacing that flooring.
M
Mary D
said
over 6 years ago
Many leases say tenant must return the property in same or better condition...I don't think a cleaning fee against the deposit would stand in court, unless you prove you are charging for grime, dirt, uncleaned items & areas......one landlord's opinion. I don't charge a cleaning fee to generally go through the place to turn it over...but if i have to scrub sinks, shower, windows, blinds, stove, frig, oven, fans, removing debris, clean carpeting or any specific stained areas, fix gouges in walls, scrub asphalt/concrete to remove stains or grease, repair damages, replace an appliance or item because of abuse or misuse, etc...definitely charge it against the deposit! Of course, if you are replacing an old frig valued currently at $400 for a new model for $1700 you cannot charge $1700 against their deposit.
M
Matthew M
said
over 6 years ago
Yes there is, contact help.
S
Scott H
said
over 6 years ago
Yes, that is beyond regular were and tear. You may need to prorate it for the age of the carpet. I generally consider carpet to have a ten year life span. So for every year old it is I'd reduce the tenants part by 10%. 2 year old carpet tenant pays 80%, 5 year old 50%, 8 year old 20% and so forth.
P
Pam T
said
over 6 years ago
What is the length of time in Idaho to return the Security Deposit? I have heard 20 days and 30 day. It used to be 30. Thanks
[email protected]
L
LaToya W
said
almost 7 years ago
The lease indicates 1100. Thanks for the info.
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