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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Donna

said about 15 years ago

Within 21 days after the tenant leaves the premises, the landlord must refund the full deposit, or provide tenant with written accounting, only deducting for unpaid rent, damage beyond normal wear and tear and necessary cleaning.

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Sandra P

said over 14 years ago

from what i know (at least in NY ) the landlord has to put the money in an escrow acct only if the property is 6 fam + , but double check just in case , also with the interest rates being at less than 1% i dont thin that would amount to much $

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Martin T

said over 14 years ago

From what I have read, you are not required to provide the tenant with information as to whether the security deposit is in an interest bearing account or not. You are not required to return interest either. Someone please correct me if I'm wrong.

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Donna

said about 14 years ago

It is important that you try as much as you can to locate and return the security deposit according to your state's regulations. One thing I have done is mail it to the old address (your rental) return receipt requested, certified. If there is a forwarding order issued, it will get to your tenant and he will have to sign for it. This way you can prove you have done all you can to locate them.

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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 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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Denise S

said almost 14 years ago

Your Security Deposit moves with the rental agreement. Therefore, your old landlord would have to give it to your new landlord, who would have to follow the procedures of your state for return. Hopefully since you have no Lease, you do have proof of your security deposit.

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Beth T

said almost 14 years ago

If it was not unfortunately written in the lease agreement, you may have to eat the monthly monitoring fee, but I would definitely deduct the broken satelite dish and the thermostat. Please take pictures of the broken items in case the tenant ever tries to take you to court over it.

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Cindy H

said almost 14 years ago

the previous owner has to turn it over to new landlord check with new owner about your sec deposit

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Patricia M

said almost 14 years ago

I would have a carpet person look at it to determain if it needs to be replace or cleaned, however the cost either way will be charged to the security deposit.

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Karen M

said almost 14 years ago

You did not mention how long your tenants were in your rental property, but being the carpet was new b4 they moved in, definitely you should prorate a portion of your costs towards their security deposit. Animals will destroy a carpet very fast especially if allowed to use their claws. Karen McDaniel Property Management Profile

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Theresa O

said almost 14 years ago

I agree with Karen M. How long were they in the property? You need to take this into consideration. What would most people consider "normal wear and tear"

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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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Leslie R

said almost 14 years ago

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