security deposit : ezLandlordForms

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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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Sinead H

said about 9 years ago

Thank you Derrick!

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Bob R

said almost 11 years ago

I would not remove the Dish since you cannot stop tenant from having one installed. Leave it there incase another tenant wants to use it…….I would get 3 estimates (cost & time to clean) of the same type of cleaning and take the average hourly cost. Since you don’t do cleaning as a business, I would not claim more hours to clean even it took you longer. -----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! Check it out.

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Mary D

said over 5 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.

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Jahfwkwi J

said about 5 years ago

20

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Jahfwkwi J

said about 5 years ago

20

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Bob R

said over 11 years ago

A landlord must put the security deposit in an escrow account. When returning security deposits of $50 or more, the landlord must include simple interest of 3 percent per year, accrued at six-month intervals from the date the security deposit was paid (1.5 percent every six-month period)…… In most of the United States, the law allows property owners to deduct an annual administration fee of one percent (1%) for management of the tenant’s financial security deposit. -----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. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data.

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Tina S

said over 11 years ago

In upstate New York does the number of units per building or number of units per business make any difference toward security deposit interest?

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Leonora S

said over 11 years ago

I wanted to offer a solution to landlords for accepting payments via a free phone swipe device. Do not use the Square as this has been known to have compromising security issues. This one is from an A+ company and is safe and secure.. you simply swipe a credit or debit card and the payment goes directly to your account: http://www.myurl.si/Jex

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Dawn A

said over 11 years ago

In Wisconsin, landlords are not required to put the deposit in an interest bearing account nor do they have to pay interest on security deposits.

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David C

said almost 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

@ Dawn...Ditto for CA. To clarify, my response was to Jaime's question.

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Adrien L

said over 6 years ago

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

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Daryl J

said almost 10 years ago

A contract can not override the law of the the land. If the State law states that a security deposit cannot be forfieted without there being corresponding damages than the signature on the lease will not matter. You should check the law in VA to get your answer.

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Rachel R

said over 7 years ago

As a landlord (short term). I am having a security issue and found this info online: Florida statute 83.49. Copy and paste the following link: www.freshfromflorida.com/Divisions-Offices/Consumer-Services/Consumer-Resources/Consumer-Protection/Publications/Landlord-Tenant-Law-in-Florida First time with a difficult tenant that's threatening going to small claims court.

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Cindy H

said almost 14 years ago

the previous owner has to turn it over to new landlord check with new owner about your sec deposit