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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Richard W

said over 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 over 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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Susan P

said about 10 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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Martha K

said about 10 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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Daryl J

said about 10 years ago

Unless the lease has expired or you have reasons to evict beyond the payment of rent, you will not be able to evict if they pay. But you may collect rent whenever the tenant pays.

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Rose S

said about 10 years ago

Hi, This tenant was given 60 days notice in CA. Anyways, his security deposit was used for one month's rent. There was major damage to my antique furniture that he used in the room as rental with an antique dresser pull missing and some other minor room damage, dirty carpet and an additional one's month's rent. Do I still have to provide an itemized deposition for retaining his deposit when he clearly owes more? I don't want to deal with him anymore (especially in court) and I don't want him coming around my home anymore. I am just relieved that he is out and not having to go through the eviction process. RS

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Dawn A

said about 10 years ago

Definitely provide an itemized deposit showing he owes you money.

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Kathy J

said almost 10 years ago

Are you the landlord or the tenant? Many times a bank will not honor checks more than 6 months or a year old and the recipient will have to go to the person or business who issued the check and have them amend and initial the date on the check or issue a new check. If you are the recipient, you should contact the landlord and ask them about amending or reissuing the check. If you are the landlord and the former tenant has still not cashed the check, try contacting at their forwarding address to ask their intentions regarding the deposit refund check. If you are not able to contact them, check your state requirements about unclaimed funds. You may be required to turn the unclaimed funds over to the state for safekeeping after a specified amount of time. If so, notify the tenant at the last known address and follow your state's law regarding unclaimed funds.

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Steven C

said almost 10 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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Derrick D

said almost 10 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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Sinead H

said almost 10 years ago

Thank you Derrick!

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Justin R

said over 9 years ago

You can try to retrieve all extra monies from the tenant by starting a suit in small claims court. Make sure you have repair receipts or quotes as well as proofs of damages.

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Patty H

said over 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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Justin R

said over 9 years ago

If the girlfriend was part of the lease and paid into the security you would return the deposit to her as well unless money does need to be used for repairs or deductions. This is the simplest way and you would not be legally be in fault of anything.

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Brenda O

said over 9 years ago

I always return the Security Deposit to whomever wrote the check for it when they moved in. If two people move in, I have them BOTH write a check for 1/2 of it.