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General Property Management
security deposit
m
Maria G
started a topic
about 15 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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B
Bob R
said
over 11 years ago
Are you asking if you now should refund the "complete" sec.dpst collected and not minus the repair? If so, why?
B
Bob R
said
about 11 years ago
Don’t kill yourself trying to get all the repairs done within the notification time limit. If the work can not be completed, all you need to do is send tenant a list of repairs and approx cost by certified mail/return receipt. If repair cost is over the sec.dpst, let them know what the approx. bal due you is. Check your State law about Notification. If you need to refund them, let them know what the amount is and tell them that they will receive a return when all the work is completed. Or send them a partial bal due less a % (20, 30, 40%) to cover unexpected damages that may be discovered. . -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Unfortunately, it is impossible to give comprehensive real estate/tax advice over the internet, no matter how well researched or written. Therefore, it is up to you to become familiar with Fed/State/Local Tax Laws. Also, if you have real questions, you should consult with an attorney or tax professional……Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data. Check out the new $$$$ for 2013.
E
Erma C
said
over 11 years ago
I refunded $754.00 which is $1100.00 minus the replacement of the lenolium and yard cleaning. She is stating that since I post dated on day 31 she wants her full refund and not the lower amount.
B
Bob R
said
almost 11 years ago
@ Robert - is there a question here? Was trip to HD part of 4 hrs or extra?
J
Jeff C
said
almost 11 years ago
Bob, Your suggestions of taking an estimate of 3 cleaning service, was very useful and helpful.. Thank you. LInda
B
Bob R
said
over 11 years ago
Under South Carolina law, a landlord must return the tenant's security deposit within 30 days after the tenant has moved out. For more info, visit
http://www.ezlandlordforms.com/articles/south_carolina_landlord_tenant_law_and_regulations/
---- Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.
M
Matthew M
said
over 5 years ago
Yes there is, contact help.
D
Donna
said
over 12 years ago
83.49 Deposit money or advance rent; duty of landlord and tenant. section (3)(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant’s last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form: This is a notice of my intention to impose a claim for damages in the amount of upon your security deposit, due to . It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord’s address) . If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit.
M
Mary D
said
over 5 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.
B
Bob R
said
over 11 years ago
What do you mean by "received the object"
J
Justin R
said
over 8 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.
A
Adrianne B
said
over 6 years ago
I had the same situation with my tenant. He was demanding i return the deposit to the roommate that was leaving. Regarding of who's name is on the lease, the contract is treated as a whole and the deposit is tied to the contract. Does not matter who comes and goes.
S
Sandra P
said
about 7 years ago
Definitely should be returned to the ESTATE!! She has no right to it. If she wants it she can call her ATTORNEY! WOW!! Shame on her!
P
Pam T
said
almost 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 flyfishngrl@msn.com
M
Maria P
said
over 11 years ago
What happen when the Landlord received the object from tenant and they don't answer...... what is it the next step
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