security deposit : ezLandlordForms

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Maria G

started a topic over 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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Scott H

said over 7 years ago

What amount does the lease indicate the tenant paid for the deposit? If it says 2000 try to get a hold of the former owner and ask for the $900. Of coarse since she is moving out before the end of the lease she should be paying for the time the place is empty until you can get new tenants.

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Adrien L

said over 7 years ago

If the flooring is being replaced due to normal wear and tear, it cannot be deducted from the security deposit. If it is due to damage as in it is broken, then you will deduct it from the deposit. I would look it up for your state, most of the state websites will give you great examples of the difference between normal wear and tear vs damages.

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Adrien L

said over 7 years ago

In Arizona you can keep the deposit for Unpaid Rent, Damages, Other Breaches of Lease.

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Adrien L

said over 7 years ago

The security deposit is for damages and in some states back rent. It is not for normal wear and tear. I would look up or define normal wear and tear in your state and when you allow pets.

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E O

said almost 8 years ago

I sent an assessment of a tenant's security deposit. I was in a hurry (to make the deadline) and simply indicated a general cleaning charge. I just got an email from the tenant requesting an itemization of the charge against her security deposit. In the meantime, I had discovered a couple of damage issues that I initially missed, which would actually deduct even more from her security deposit. I'm thinking of telling her that I'd be happy to itemize and reassess the disposition of the security deposit if she would return the check I've already sent her (which she has not cashed.) Naturally, I'd be happy to keep more of her security deposit. However, having been a landlord for 35 years, the less I have to deal with a tenant, the better I like it. Any suggestions? Thanks!

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Sid F

said almost 8 years ago

For CO there are no requirements on how you store the security deposit.

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Stan M

said almost 8 years ago

Why do you want to kick a gift horse in the mouth?

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Stan M

said almost 8 years ago

Check your local/state tenant/landlord laws

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Adrianne B

said about 8 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.

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Stan M

said about 8 years ago

Tare: If its to repair the tare, that depends on the age of the flooring. To replace the flooring, probably not...... Dent: would probably be considered wear-n-tare unless it effected the operation.......Yard: clean-up only to the condition tenant received when they moved in.

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Emerline N

said about 8 years ago

can I hold the deposit if I have to replace a tare in the floor that runs throughout the unit .what about dents made to refrigerator .also yard clean up

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Stan M

said about 8 years ago

1. Have the remaining tenant reimburse the other tenant……..2. Have remaining tenant issue you a check to = the total amount of deposit required in agreement…….Issue a check to the tenant that issued you the original security check. Wait until your deposit is made whole before writing check……If above can’t be accomplished, consider not renewing lease with remaining tenant.

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Stan M

said about 8 years ago

Check state/local tenant laws......Keep in mind that last months rent can only be used toward rent. The down side to last month rent is the rent began at $1000/mo and when tenant vacated the rent had increased to $1500/mo, you would only receive $1000. A loss of $500...... Some states allow 2X the rent for security deposit. Check laws.

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Sandra P

said over 8 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!

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Bea S

said over 8 years ago

YES! It would definitely be returned to the estate of the deceased tenant not the ex. :( That's so sad. Was it a good tenant?