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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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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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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Dawn A

said about 10 years ago

Definitely provide an itemized deposit showing he owes you money.

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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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David C

said over 10 years ago

If it is something put in the lease that the tenant signed it should hold up in court. Their signature is a legal statement that they agreed to all terms and conditions of the contract. A good place to start would be to possibly talk to an attorney your self.

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Bob R

said over 11 years ago

Cleaning products – for who do you need the cost for. Tenant or IRS?......Dish – Who said not to remove?

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Robert O

said over 11 years ago

my sons landlord was an attorney. She actually included in the lease her $25 per hour with a 4 hr minimum fee for cleaning. This also included trip time to Home Depot.

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Bob R

said over 11 years ago

@ Robert - is there a question here? Was trip to HD part of 4 hrs or extra?

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Jeff C

said over 11 years ago

Bob, Your suggestions of taking an estimate of 3 cleaning service, was very useful and helpful.. Thank you. LInda

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Jeff C

said over 11 years ago

Hi Robert. Thank you for your reply. I had no idea on how how to break even word it. Please continue to reply. I think landlords like to know actual data they've use, especially if they live in the same state. This saves time as well as giving a ball park figure. Thanks again! Take care. LInda

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Bob R

said over 11 years ago

Actually, YOU (not the tenant) are required to give the tenant a Written Notice for pre-inspection NO SOONER than 2 wks before termination. This should be done via Certified, Return Receipt……You just learned a costly lesson. If you take him to Court, the Judge will rule in his favor (due to non-notification) without even listening to your claim. There’s also a good chance you will be fined several 100 $$$$ + returning the full sec.dpst….The good news, you can deduct the expenses on your taxes. -----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 Fed/State/Local and Tax Laws. 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. A great program at a great price @ $50.00! Check it out

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David C

said almost 11 years ago

Did you require them to have have renters insurance and they did not have it? If so they were in violation of the lease. You may be entitled to the security and any costs that you would have needed to pay for the repairs or homeowners cost. Because it was their equipment you may also be entitled but you may want to get official legal advice or a Lawyer since they already sent a certified letter.

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Richard W

said over 10 years ago

Is this before or after the tenant has moved in/out. Was it part of the negotiation? If it was a negotiating point hopefully you have some security deposit from the last tenants to repair the place so as to be in move in condition for the next tenant. If it is but the tenant still demands new carpet then negotiate pricing with them , if you feel as if the carpet is in livable condition.

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Belinda S

said over 10 years ago

This is after the tenant has moved out and to get it move in ready for the next tenant. I know I can charge for a % of the price to replace the carpet, but I'm not sure that I can charge a % of the cost to install it, which is quite expensive.

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Susan P

said about 10 years ago

The tenants are responsible for paying the last months rent. If they do not then you can absolutely use the security for rent however you may need to go after them for other money owed if they have causesdamages beyond normal wear and tear.