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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Matthew M

said about 5 years ago

It depends. You only need to show receipts to the judge but you could just .pdf the ex-tenant a copy. That would look good to the judge should it come to court. What the tenant is trying to do is claim you overcharged your labor for clean-up. So, as long as you keep your charges reasonable, let him scream. What I do? I always have the apt professionally cleaned. That way, if the ex-tenant starts crying, I send a .pdf of the bill and have them take it up with the cleaning company.

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Armando L

said almost 8 years ago

Oh gee, that seems like a lot of damage. If the damage was caused by the tenant then that is a validated reason to take from security deposit to fix the issues and make the house livable for new tenants.

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Bob R

said over 11 years ago

I agree with Brian about the mailing timing and suggestion. Consider mailing sec.dpst refunds certified. This way you will have a receipt of the mailing date. Return receipt is not important…..Here’s a concern – who long did she live there? You can not charge her for the total cost of replacement. She would be responsible for the prorated amount. Hopefully, you received an estimate with a statement stating that lino could not be repaired. Also, you should have taken pictures to document the damage……Here’s something to look into. It has been claimed that new lino is not deducted as a repair but is depreciated for 27.5 yrs because it is attached to the floor. Whereas carpeting is depreciated over 5 yrs. (Check IRS Pub 527). If that’s the case, she may be responsible for most of the cost. . -----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.

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Bob R

said about 12 years ago

You need to read up on your State and Local rental laws

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Richard W

said almost 10 years ago

How was it written into your lease, if it does not state terms then in Indiana you may use the security for any unpaid rent.

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Jennifer R

said about 12 years ago

Depending on the state law, you may have up to 30 days after the tenant moves out to refund the security deposit. I would not give it to them with the final walk through, as you may find things after-the-fact. I agree that excessive holes from picture could be considered a repair, though I would give the tenant the benefit of the doubt and tell them they need to repair the holes and use touch up paint before moving out. If they don't follow your guidelines for filling the holes, they will be less surprised when you charge their security deposit than if you don't mention it in the first place.

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Rose S

said over 9 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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Rick M

said almost 12 years ago

I would write it in text, I am not sure if you are using this website's lease, but I am almost positive they have a section where you can add custom text.

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Stan M

said almost 7 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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Misti C

said about 12 years ago

what should I charge for pet deposit?

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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.

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Misti C

said about 12 years ago

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

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Heather S

said about 12 years ago

this is great info - I appreciate it.

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Anker P

said about 12 years ago

Probably the best source of information is a real estate attorney, but not everyone has access or is willing to pay for one. Try to develop a working relationship with one e.g. do closings with them or refer clients to them. Abby, I have tenants leaving. They are the first ones in the renovated property. I used the "move out cleaning guide" to notify them of my expectations. I spoke to a landlord I know in the Boston area, she states some holes in the walls are "wear and tear" in her experience. I have damage to the stove top, chipped finish, a broken refrigerator shelf support, a dented/ a hole in it transition at a door way that I am aware of. I will charge for these because they are broken/damaged beyond an easy fix. Misti, how much to charge is a judgement call. The type and size of the, indoor or outdoor pet. Keep in mind that if the pet damages excessively you can "probably" use the security deposit after the pet deposit is depleted. In my lease I wrote in that I would change the A/C filters every month. That way I could see if the pet was causing damage. Or, you can write in that you will change some light bulbs or test the smoke detectors monthly as an excuse to "inspect" the property. If you find the pet causing damage give them a written notice to correct it. If they do not or violate it evict them. This time around the pet was not an issue, but you must remain vigilant and involved with your property.

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Hester v

said almost 10 years ago

if tenants have been smoking in apartment often you will need to repaint as well to get smell out (i hear oil paint gets rid of cigarette smell). you might take that out of their security deposit as well, plus any other items such as curtains replacement.