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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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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Kevin F

said over 8 years ago

Thank you.

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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.

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Patty H

said about 8 years ago

You simply need to send them a itemized deduction of what the security is going to be used for. This is true also that if they did breach the lease they did forfeit the right to the return of the security deposit.

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Tina S

said about 8 years ago

Even if they breached the lease I will send them a itemized deduction explaining that to them? Just want to make sure I am sending the right thing to them. Thank you,

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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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Jorge B

said almost 8 years ago

Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not they continue to live in the rental unit, unless in the military, suffered illness/accident or need to be in the care of a facility, domestic violence, they are unsafe, or if the landlord violates privacy rights. I would really read the lease agreement thoroughly and also consult with a lawyer to ease your mind. I am too nice so I just let them go and sign a mutual termination agreement. Good luck!!!

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Armando L

said almost 8 years ago

Oh gee, that seems like a lot of damage. If the damage was caused by the tenant then that is a validated reason to take from security deposit to fix the issues and make the house livable for new tenants.

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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 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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Rachel B

said over 7 years ago

Thank you Richard, that does help!

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Rachel R

said over 7 years ago

As a landlord (short term). I am having a security issue and found this info online: Florida statute 83.49. Copy and paste the following link: www.freshfromflorida.com/Divisions-Offices/Consumer-Services/Consumer-Resources/Consumer-Protection/Publications/Landlord-Tenant-Law-in-Florida First time with a difficult tenant that's threatening going to small claims court.

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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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Richard W

said over 7 years ago

Yes that is more than fair but in order to make it stick you will need to send them proof, receipts and an itemized deduction within the amount of time required in your state. If the tenants do not agree this can be settled in small claims court.

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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.