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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Scott T

said almost 14 years ago

I cannot answer the time portion for Ohio (for example in CA we have 21-days), but the timeline would start from the day you got possession back from the tenant. In this case that is X number of days from June 6th.

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Donna

said about 14 years ago

You must go by the lease. IF according to the lease, the security deposit was received from Tenant A and you had received NO notice that Tenant A was moving; than Tenant A is still responsible for ANY remaining rent due or damages to the rental unit. If Tenant A did not provide a forwarding address, then I would mail it to the last address know, certified, return receipt requested. Tenant A's girlfriend really has nothing to do with the legal contract. I wouldn't even speak to her any longer. Make sure, though that you follow the rules and procedures of PA security deposit return to a "T". Good luck!

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Donna

said over 13 years ago

California Law states: The landlord must give the tenant written notice of the tenant's right to request an initial inspection of the rental and to be present during the inspection. The landlord must give this notice to the tenant a "reasonable time" after either the landlord or the tenant has given the other written notice of intent to terminate (end) the tenancy . If the tenant has a lease, the landlord must give the tenant this notice a "reasonable time" before the lease ends. If the tenant does not request an initial inspection, the landlord does not have any other duties with respect to the initial inspection.

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Dawn A

said over 11 years ago

If the tenant had the unit until the 15th and chose to leave on the 1st that's their choice. As long as you're not collecting double rent you're okay.

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Jeff C

said almost 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

Send tenant a letter to her last known address. In this case, your rental…. Let her know that you did a final inspection. List any expenses that are her responsibility, if any. State the balance due Tenant/Landlord……Ask for her new address. Also state that if does not want the deposit returned, you would appreciate her telling you via email/USPS….Send letter certified, return receipt. -----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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Lynn S

said over 13 years ago

The short answer is yes, they can. Generally an inspection should take place approximately 2 weeks before the tenant leaves in order for all issues to be documented and to give the tenant time to either repair or reimburse. It both protects the landlord and the tenant to have this window. You cannot charge items after the fact or add items to the walk-through papers once they have left.

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Jeff C

said almost 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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Martha K

said over 9 years ago

Can you collect the rent for the period of the 30 day notice during the eviction process? Or do you have to wait til after they are evicted

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Jeff C

said about 11 years ago

I'm just curious...what did you think the security deposit was for, perhaps rent??? I had to look that one up myself, but again, just curious as to what you thought it meant. :)

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Bob R

said almost 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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Scott H

said almost 6 years ago

Yes, that is beyond regular were and tear. You may need to prorate it for the age of the carpet. I generally consider carpet to have a ten year life span. So for every year old it is I'd reduce the tenants part by 10%. 2 year old carpet tenant pays 80%, 5 year old 50%, 8 year old 20% and so forth.

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Patty H

said almost 9 years ago

Yes you can use the security to pay the remaining balance, however if there are repairs to be maid you may need to do small claims to be able to recover any other losses. Make sure to gather an itemized list of expenses and repair receipts.

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Rachel R

said over 7 years ago

http://www.freshfromflorida.com/Divisions-Offices/Consumer-Services/Consumer-Resources/Consumer-Protection/Publications/Landlord-Tenant-Law-in-Florida The above is clearer to copy and paste for info on Fl statue 83.49 Sorry, the link was not spaced correctly on the previous comment.

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Jeff C

said almost 11 years ago

it says on my lease 21 days