Start a new topic
Discussions ezLandlord Questions and Answers General Property Management

security deposit

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 CommentsSorted by Oldest First
In Michigan, it's 30 days from date keys are returned.
Do you have a form to use for sending break down of the inspection on the house .
I have a great form that I use to send to tenants prior to moving out.  You can use the form and change any way you like but I will need you to email me at kberly_2005@yahoo.com to get it to you.
In Georgia, All or part of the security deposit may be retained by the landlord to compensate for physical damage caused to the premises by the tenant or members of the tenant's household, pets or guests. A landlord cannot retain a security deposit to cover normal wear and tear. A landlord can also deduct from the security deposit unpaid rent, late charges, unpaid utilities which the tenant is responsible for under the terms of the lease or for actual damages caused by the tenant's breach of the lease or rental agreement.
The short answer is yes, they can.  Generally an inspection should take place approximately 2 weeks before the tenant leaves in order for all issues to be documented and to give the tenant time to either repair or reimburse. It both protects the landlord and the tenant to have this window. You cannot charge items after the fact or add items to the walk-through papers once they have left.
California Law states: The landlord must give the tenant written notice of the tenant's right to request an initial inspection of the rental and to be present during the inspection. The landlord must give this notice to the tenant a "reasonable time" after either the landlord or the tenant has given the other written notice of intent to terminate (end) the tenancy . If the tenant has a lease, the landlord must give the tenant this notice a "reasonable time" before the lease ends. If the tenant does not request an initial inspection, the landlord does not have any other duties with respect to the initial inspection.
Here's an excerpt from the article on this site: "The landlord must hold the deposit in an interest-bearing Massachusetts bank separate from his or her personal funds; provide a receipt to the tenant within 30 days of receiving the deposit, identify the bank, address, account number, the amount of the deposit held; and pay 5% interest or any lesser amount of interest actually received from the bank (if the tenant resides on the premises for at least 1 year). The landlord is also required to pay interest on the last month’s rent when collected upon moving in."
You should research this more maybe. I was told the law changed awhile back, that it just needed to be in a separate interesting bearing acct. Not necessarily its own acct. You still need to provide the tenant with bank name, acct etc....but i believe it can be a shared acct. Such as one that you collect the rent in as well, not your own personal acct. I may be completely wrong just suggesting you research more (maybe ask a lawyer) vs. going off of the first response you get.
Interest earned on Security deposit is *VERY* state driven. You will really need to look into your states laws and regulations. Some states have clauses that Security Deposits are supposed to be placed into a separate account for the renter(s). There are also clauses for paying interest only on request, or only if they have been there over a year etc.  If you really like the tenant and don't have any issues, I always suggest giving them back the interest, especially if you haven't received a 1099 for your taxes for the deposit. As to returning the deposit, usually just talk with the tenant to find out which is the best way to have it returned to them.  Also, thank the tenant for their service!  
Thank you for your help!! My husband and I just decided to give him back his deposit with interest since he was such an excellent guy. We're military as well, so we know what he's going through, especially in regards to where he's going. We definitely give our thanks, and not just to him. :)  Thank you once more!
In MD, a security deposit or an accounting thereof  MUST be returned  first-class mail to the tenants last known address within 45 days. If it gets returned to you, save the envelope so that you have proof that you attempted to return it.
The fee you deduct should be in direct correlation to the cost.
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.
To clarify this point, here are some examples of things that landlords could deduct from a security deposit, meaning that the damage went beyond normal wear-and-tear:  Excessive holes in walls from picture hangers Broken tiles or fixtures in bathrooms Stopped toilet due to misuse Broken walls Removing paint put up by tenant Tears, holes or burn marks in carpets or curtains Animal stains in the carpet caused by domestic animals or leaking fish tanks Broken windows and window screens Broken doors and locks Appliances broken by negligence Excessive filth in over or on stove by burners Clogged drains from misuse or negligence Broken or missing window blinds Flea and pest extermination Excessive mildew and mold in bathroom Excessively filthy bathtub, shower, sink, mirrors or toilet Here is a list of things that are generally considered to be normal wear-and-tear which cannot, according to security deposit laws, be deducted from a security deposit:  Faded paint or wallpaper due to sunlight Broken plumbing caused by normal use Dirty blinds and curtains Rug wear caused by normal use Furniture marks in carpet Warped doors caused by age, temperature or moisture Warped windows caused by the flow of the glass Dents in walls from door handles Broken appliances, if not from misuse Dusting Faded curtains Broken lightbulbs Replacement batteries for smoke detectors Picture or pin holes in walls, as long as not excessive
i have a tenant that was so filthy. I m still having a hard time determing what is normal wear and tear. Is it difined and is it different in different states. Indiana. They also gave no notice. it states clearly in my lease to give a 90 day notice. Thanks Misti
Login to post a comment
More topics in General Property Management
  • Covid-19
  • Renter paid Initial lease payment but never ez signed
  • How to Utilize The PayStub?
  • SHOULD BOTH NAMES BE ON LSE IF TENANT AND GIRLFRIEND BOTH LIVE THERE
  • PA Landlords
  • transfering leases on a sale.
  • Credit Checks
  • Upset tenents.
  • Month to month rent increase
  • Apartment Hotel question
    ezLandlord, Inc. 22228 St. Barts Lane Estero, FL 33928
    BECOME A MEMBER - TENANT SCREENING - FORMS - PRICING - RESOURCES