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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LaToya W

said about 6 years ago

The lease indicates 1100. Thanks for the info.

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Molly H

said about 12 years ago

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

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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.

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Mary D

said over 5 years ago

I would not agree that normal wear & tear includes cleaning a dirty oven, dirty or greasy grimy floors, a dirty refrigerator, dirty blinds, dirty windows, dirty carpeting, grimy or mildew shower, a countertop built up with grease grime film, etc.... Document all dirt and document over and above cleaning time & costs.

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Karen M

said almost 14 years ago

You did not mention how long your tenants were in your rental property, but being the carpet was new b4 they moved in, definitely you should prorate a portion of your costs towards their security deposit. Animals will destroy a carpet very fast especially if allowed to use their claws. Karen McDaniel Property Management Profile

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Bob R

said over 11 years ago

You may have to since you called it a sec.dpst. Sec.dpst are held for damages and unpaid rent. Since tenant never took possession you probably can’t deduct for rent. Your next move would be to go to court for damages (breaking lease)… rent due until new tenant is found and possibly cost of finding new tenant….This is why when a contract is signed, it should be call a non-refundable hold deposit which is transfer to sec.dpst when new tenant gives you the balance due and you give them the keys. . -----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. Unfortunately, it is impossible to give comprehensive real estate/tax advice over the internet, no matter how well researched or written. Therefore, it is up to you to become familiar with Fed/State/Local Tax Laws. Also, if you have real questions, you should consult with an attorney or tax professional……Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” 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. Check out the new $$$$ for 2013

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Jess S

said about 12 years ago

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/

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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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Derrick D

said about 9 years ago

Yes you can keep the rent for the unpaid rent, but if you have a good relationship you can send a notice for a demand for rent. Usually the tenant will honor that and pay what is owed. Please make sure that you keep communication open so that the tenant knows that you are aware and you know where they stand. Too often it is a lack of communication that brings stress.

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Barbara D

said over 11 years ago

Thank You

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Tina S

said about 8 years ago

Even if they breached the lease I will send them a itemized deduction explaining that to them? Just want to make sure I am sending the right thing to them. Thank you,

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Jess S

said about 12 years ago

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.

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Richard W

said over 7 years ago

Yes that is more than fair but in order to make it stick you will need to send them proof, receipts and an itemized deduction within the amount of time required in your state. If the tenants do not agree this can be settled in small claims court.

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Jorge B

said almost 8 years ago

Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not they continue to live in the rental unit, unless in the military, suffered illness/accident or need to be in the care of a facility, domestic violence, they are unsafe, or if the landlord violates privacy rights. I would really read the lease agreement thoroughly and also consult with a lawyer to ease your mind. I am too nice so I just let them go and sign a mutual termination agreement. Good luck!!!

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Patty H

said about 8 years ago

You simply need to send them a itemized deduction of what the security is going to be used for. This is true also that if they did breach the lease they did forfeit the right to the return of the security deposit.