security deposit : ezLandlordForms

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Maria G

started a topic almost 16 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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Jeff C

said over 11 years ago

The painters of my house were not able to paint where the dish was located. They removed it and we have it stored at our home. Prior email says not to remove, but in this situation, am I allowed to have it removed under Califonia law?

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Bob R

said over 11 years ago

Cleaning products – for who do you need the cost for. Tenant or IRS?......Dish – Who said not to remove?

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Robert O

said over 11 years ago

my sons landlord was an attorney. She actually included in the lease her $25 per hour with a 4 hr minimum fee for cleaning. This also included trip time to Home Depot.

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Bob R

said over 11 years ago

@ Robert - is there a question here? Was trip to HD part of 4 hrs or extra?

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Jeff C

said over 11 years ago

Bob, Your suggestions of taking an estimate of 3 cleaning service, was very useful and helpful.. Thank you. LInda

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Jeff C

said over 11 years ago

Hi Robert. Thank you for your reply. I had no idea on how how to break even word it. Please continue to reply. I think landlords like to know actual data they've use, especially if they live in the same state. This saves time as well as giving a ball park figure. Thanks again! Take care. LInda

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Bob R

said over 11 years ago

Actually, YOU (not the tenant) are required to give the tenant a Written Notice for pre-inspection NO SOONER than 2 wks before termination. This should be done via Certified, Return Receipt……You just learned a costly lesson. If you take him to Court, the Judge will rule in his favor (due to non-notification) without even listening to your claim. There’s also a good chance you will be fined several 100 $$$$ + returning the full sec.dpst….The good news, you can deduct the expenses on your taxes. -----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 @ $50.00! Check it out

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David C

said almost 11 years ago

Did you require them to have have renters insurance and they did not have it? If so they were in violation of the lease. You may be entitled to the security and any costs that you would have needed to pay for the repairs or homeowners cost. Because it was their equipment you may also be entitled but you may want to get official legal advice or a Lawyer since they already sent a certified letter.

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Richard W

said over 10 years ago

Is this before or after the tenant has moved in/out. Was it part of the negotiation? If it was a negotiating point hopefully you have some security deposit from the last tenants to repair the place so as to be in move in condition for the next tenant. If it is but the tenant still demands new carpet then negotiate pricing with them , if you feel as if the carpet is in livable condition.

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Belinda S

said over 10 years ago

This is after the tenant has moved out and to get it move in ready for the next tenant. I know I can charge for a % of the price to replace the carpet, but I'm not sure that I can charge a % of the cost to install it, which is quite expensive.

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David C

said over 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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Daryl J

said over 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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Richard W

said over 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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Hester v

said over 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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Hester v

said over 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.