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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.
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this is great info - I appreciate it.
what should I charge for pet deposit?
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.
You need to read up on your State and Local rental laws
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.
Hi Amy, sometimes it depends on your state... however you can find this form on ezlandlordforms.  http://www.ezlandlordforms.com/documents/11865/security_deposit_accounting_statement/  I know they also offer this one, as I have used it before.  http://www.ezlandlordforms.com/documents/52/balance_owed_after_moveout__demand_for_payment/
Hi Shanna, I am not an attorney but I found this on the website... IN Assist: Within 45 days after lease termination the landlord shall mail the tenant the entire security deposit OR an itemized list of damages and the estimated cost of repair for each damaged item. The landlord shall include with the list a check or money order for the difference between the damages claimed and the amount of the security deposit held by the landlord.
Under following circumstances, a landlord can refund your security deposit:     * If the landlord fails to put your money in a bank account separate from the landlord's money;     * If the landlord does not give you a complete written receipt that has all of the information listed in the chart in the section called Security Deposit and Landlord's Responsibility; or     * If the landlord does not allow you to inspect the records she is required to keep under the security deposit law. In such condition, you can demand for security deposit
Many states require landlords to issue an accounting of all monies deducted from tenants' security deposit refunds, after the tenants have vacated. This worksheet helps the landlord break down all expenses deducted from the security deposit.
Deduct rent due + late fees + bank charges for bounce check, if any. Also deduct all cleaning/maintenance costs. As for the refrigerator, have it returned to its original condition and deduct amount from their sec.dpst. Make sure the receipt states the damaged condition. Hopefully, you have a picture of the original condition.  If the sec.dpst fall short of amount due, request the bal due when you send disbursement of sec.dpst letter to them. If they don’t pay in a reasonable time, take them to small claims.   -----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.
Not an attorney! However, the State of California has a website that has a link to the landlord tenant handbook, and like Bob R, CA says up above, become familiar and stay current with Federal/State/Local laws.  Your state website should have a landlord tenant handbook that indicates how your security deposit can used.  Typically, the details of how the security deposit can be used are also detailed in the lease agreement.  For example, in the State of California, the landlord has 21 days to inspect/repair the property, and by the 21st day, the landlord must provide the tenant a copy of the itemized statement for all repair costs.  The tenant can then request copies of all of the receipts for repairs (i.e., paint, plumbing, broken fixtures, holes in walls, etc.), in which case, the landlord has 14 days to provide copies of receipts to the tenant.  There are a number of stipulations, but they should all be on the website.  The most important things to remember are:  Always act in "Good Faith!"  Use a checklist to be sure that you are complying with the law and maintaining accurate records. This will help you stay organized and insure that you have provided all of the "required" information to your tenant, as well as maintain the all of the required documentation for your files.  Keep your agreements/records/receipts/signed agreements, photos, and copies of written communication in one place (Property file)! Review the state laws about rental agreements/leases, or have an attorney draft one for you, so that it complies with the law.  Inspect the property, take pictures before and after and always do your walkthrough (pre/post). Document and have all parties sign. *in California, landlords are required to provide the tenants an opportunity to perform an inspection of the property not more than 2 weeks prior to the end of the lease, in order to provide the tenants an opportunity to correct/repair any damages that they caused, which can reduce the balance of their security deposit or cause them to incur additional charges for damages and repairs that they caused.  The damages must have occurred during the term of the lease and the landlord cannot charge for damage that existed prior to the tenants occupancy (this is why the property inspection walkthrough prior to occupancy is so important. Be sure to always conduct a walkthrough inspection prior to renting and have all parties involved sign it and take photos. Keep file in safe place!)  This will help you prove that the property was in good condition prior to the renter's occupancy and helps protect you!      
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.
While you can't deduct for "normal wear and tear" what they did was NOT that.  That was neglect and damage which you can deduct for.  I would itemize all deductions and return any security deposit to them that is left with said itemized deduction list.  Don't let these people walk all over you.
Under South Carolina law, a landlord must return the tenant's security deposit within 30 days after the tenant has moved out. For more info, visit  http://www.ezlandlordforms.com/articles/south_carolina_landlord_tenant_law_and_regulations/ ---- 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.
What happen when the Landlord received the object from tenant and they don't answer...... what is it the next step
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