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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Ruben A

said almost 12 years ago

Not an attorney! However, the State of California has a website that has a link to the landlord tenant handbook, and like Bob R, CA says up above, become familiar and stay current with Federal/State/Local laws. Your state website should have a landlord tenant handbook that indicates how your security deposit can used. Typically, the details of how the security deposit can be used are also detailed in the lease agreement. For example, in the State of California, the landlord has 21 days to inspect/repair the property, and by the 21st day, the landlord must provide the tenant a copy of the itemized statement for all repair costs. The tenant can then request copies of all of the receipts for repairs (i.e., paint, plumbing, broken fixtures, holes in walls, etc.), in which case, the landlord has 14 days to provide copies of receipts to the tenant. There are a number of stipulations, but they should all be on the website. The most important things to remember are: Always act in "Good Faith!" Use a checklist to be sure that you are complying with the law and maintaining accurate records. This will help you stay organized and insure that you have provided all of the "required" information to your tenant, as well as maintain the all of the required documentation for your files. Keep your agreements/records/receipts/signed agreements, photos, and copies of written communication in one place (Property file)! Review the state laws about rental agreements/leases, or have an attorney draft one for you, so that it complies with the law. Inspect the property, take pictures before and after and always do your walkthrough (pre/post). Document and have all parties sign. *in California, landlords are required to provide the tenants an opportunity to perform an inspection of the property not more than 2 weeks prior to the end of the lease, in order to provide the tenants an opportunity to correct/repair any damages that they caused, which can reduce the balance of their security deposit or cause them to incur additional charges for damages and repairs that they caused. The damages must have occurred during the term of the lease and the landlord cannot charge for damage that existed prior to the tenants occupancy (this is why the property inspection walkthrough prior to occupancy is so important. Be sure to always conduct a walkthrough inspection prior to renting and have all parties involved sign it and take photos. Keep file in safe place!) This will help you prove that the property was in good condition prior to the renter's occupancy and helps protect you!

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Donna

said over 12 years ago

In MD, a security deposit or an accounting thereof MUST be returned first-class mail to the tenants last known address within 45 days. If it gets returned to you, save the envelope so that you have proof that you attempted to return it.

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Daryl J

said over 9 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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Bob R

said almost 11 years ago

Yep, you have 21 days. On another note - I hope you also notified the tenant that they are entitled to a pre-inspection no earlier than 2 week before move out. This, in addition to the final inspection after all belongings have been removed. If you don’t notify them of their right, you will loss in Small Claims Court if you file a claim and will also pay a fine. .. -----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! Check it out.

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Donna

said about 14 years ago

Just as that. Tenant has not paid a security deposit. Tenant is fully responsible or the cost of any damages beyond normal wear and tear.

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Eric W

said over 7 years ago

Ok, thank you. I have already sent that information to them with the deducted amount and receipts.I sent all the paperwork and personal check for the remaining deposit by certified mail with signature required, they received it yesterday.

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Mikal H

said about 13 years ago

Thank you for your help!! My husband and I just decided to give him back his deposit with interest since he was such an excellent guy. We're military as well, so we know what he's going through, especially in regards to where he's going. We definitely give our thanks, and not just to him. :) Thank you once more!

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Bea S

said about 7 years ago

That is considered normal wear and tear. The deposit is only used for damages to the property (holes in the walls, replacing carpets etc.). The lease should have included a pet fee which covers pet cleaning that is non refundable for cleaning such as described above. I would return the deposit.

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Dawn A

said almost 12 years ago

While you can't deduct for "normal wear and tear" what they did was NOT that. That was neglect and damage which you can deduct for. I would itemize all deductions and return any security deposit to them that is left with said itemized deduction list. Don't let these people walk all over you.

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Leslie R

said almost 14 years ago

Thanks for the information, that's what I figured but wanted to be sure!

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Matthew M

said over 4 years ago

Lesson learned

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Kim C

said almost 14 years ago

In Michigan, it's 30 days from date keys are returned.

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Bob R

said almost 12 years ago

Deduct rent due + late fees + bank charges for bounce check, if any. Also deduct all cleaning/maintenance costs. As for the refrigerator, have it returned to its original condition and deduct amount from their sec.dpst. Make sure the receipt states the damaged condition. Hopefully, you have a picture of the original condition. If the sec.dpst fall short of amount due, request the bal due when you send disbursement of sec.dpst letter to them. If they don’t pay in a reasonable time, take them to small claims. -----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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Robert O

said almost 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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Dawn A

said over 11 years ago

Yes, mail it to her last known address, the rental. If she turned on mail forwarding, it will get to her.