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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Susan P

said over 9 years ago

The tenants are responsible for paying the last months rent. If they do not then you can absolutely use the security for rent however you may need to go after them for other money owed if they have causesdamages beyond normal wear and tear.

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Miriam L

said over 7 years ago

we bought property with existing tenants in 2015. This year the renewal is coming up. In escrow docs it doesnt show they gave a security deposit when they moved in. Now I am requesting they give us a security deposit. I sent a certified letter and gave 30 notice to tenant. They have not responded at all. What should i do if they dont have the deposit? Can i start eviction?

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Richard W

said almost 10 years ago

The security deposit is not forfeited but it can be used to cover unpaid rent. You may need to issue a notice of security deposit withholding and note that it is being held to pay unpaid balances.

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Richard W

said almost 10 years ago

My question is always what are the terms the tenant is leaving on, agreed and mutual or did they skip out or get kicked out. If it is on an understanding then you would need to come to some sort of agreed terms. It should cover at least 30 days so that you are not loosing money while you get a new tenant in there. If they are leaving on evicted terms or they have damaged the property then you can also use the deposit for this. Either way itemize it and send notice of what it is being used for.

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Dawn A

said about 11 years ago

Yes, security deposits are for repairing damages to the property.

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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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Kevin F

said over 8 years ago

Thank you.

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Edgar J

said about 12 years ago

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

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Rachel B

said over 7 years ago

Thank you Richard, that does help!

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Richard W

said over 7 years ago

From my experience I just typed my own information in, this way it was suited for my individual circumstance. As for monies owed I would always do an Itemized deduction and send that to my tenants after they have moved out. I also price in this the cost for repairs, contractor estimates and photos. I hope this helps.

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D.Lan'Ae C

said about 8 years ago

our tenant was evicted and forced out by bailiff he left behind a lot of personal items, upon trying to itemize them to move them to storage, he was witnessed breaking into the property. Damage was done to the door frame window and garage panel. There was a written statement by a witness and police were involved. We have filed a restraining order because he got violent and was harassing us. He was advised of fees for storage and itemizing etc. with no response, he went to court and filed low income even though he drives a Porsche and has a 6 eviction history, this is his norm. He filed a motion to have his possessions returned with no lien, emergency. It was denied because he had not forwarded his info etc. I had continued to send him demands, oh he also reported to district attorney for bounced check. Anyways, he filed again same thing and it was granted for us to return his goods. we were prepared to return them based on the court order that day but he made no contact nor a representative did not contact us either. I filed with the judge because we were not properly served and unaware of the hearing. At this point we would like to sell his goods to recoop the loss for hauling and moving inventory and storage of the items, then take him to court for the balance due for rent, prosecute regarding burglary and the bad check. do you have any advise or legal ramifications regarding the matter at hand.

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Steven C

said over 9 years ago

I'm a FL landlord and I've got a tenant that installed a dish, had it removed but left the plate and some wires coming from the house...so is it reasonable to charge against the security deposit for the removal of the plate and wires as well as assess for damages against the tenant if the roofing company finds damage?

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Donna

said over 12 years ago

The fee you deduct should be in direct correlation to the cost.

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Dana H

said over 8 years ago

Hi Kevin, Yes, you can use for professional cleaners if it's to "put the unit in as clean a condition at the end of the tenancy as it was at the start, except for normal wear and tear," according to the HI government website (link below). Hemlane (www.hemlane.com) can also help you with the documentation of this through the move-in and move-out inspection forms. Also, flip to page 6 on the landlord-tenant handbook for Hawaii: http://files.hawaii.gov/dcca/ocp/landlord_tenant/landlord-tenant-handbook.pdf

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Richard W

said over 8 years ago

Yes, You do not have to return this. Most pet deposits are non refundable because of these exact issues. If it costed more than the pet deposit to clean and ready the property for the next tenants you can also use the security to help pay for the cost.