Security Deposit
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Security Deposit (by Carol [VA]) Dec 6, 2017 6:52 AM
       Security Deposit (by Plenty [MO]) Dec 6, 2017 7:07 AM
       Security Deposit (by Carol [VA]) Dec 6, 2017 7:14 AM
       Security Deposit (by RathdrumGal [ID]) Dec 6, 2017 7:40 AM
       Security Deposit (by Carol [VA]) Dec 6, 2017 7:48 AM
       Security Deposit (by plenty [MO]) Dec 6, 2017 7:51 AM
       Security Deposit (by Patrick [VA]) Dec 6, 2017 8:00 AM
       Security Deposit (by RR78 [VA]) Dec 6, 2017 8:18 AM
       Security Deposit (by myob [GA]) Dec 6, 2017 8:41 AM
       Security Deposit (by Nellie [ME]) Dec 6, 2017 9:03 AM
       Security Deposit (by S i d [MO]) Dec 6, 2017 9:06 AM
       Security Deposit (by LindaJ [NY]) Dec 6, 2017 9:48 AM
       Security Deposit (by DannyC [MO]) Dec 6, 2017 10:11 AM
       Security Deposit (by Carol [VA]) Dec 6, 2017 10:35 AM
       Security Deposit (by RR78 [VA]) Dec 6, 2017 11:08 AM
       Security Deposit (by Vee [OH]) Dec 6, 2017 11:23 AM

Security Deposit (by Carol [VA]) Posted on: Dec 6, 2017 6:52 AM

I had two tenants (roommates) renting my house. One of them contacted mid Nov & requested to be removed from the lease even though the lease had 6 months left. Moving forward the second roommate agreed to removing the other via text & document signed by all parties. However, when I asked the remaining tenant if she planned on staying, she said yes and I asked her to provide proof of income to determine if she could afford rent alone. She responded saying she couldnít and she said she would be out by the 4th of dec and would pay the prorated rent. The 5th comes, and the house is trashed. (Security deposit wonít cover the cost of repairs) She showed up and demanded I return her security deposit or face legal charges because I put her out before XMAS & didnít give her 30 days (even though SHE requested the date) and that I canít legally ask her income since sheís already established tenancy. (She has always needed a roommate and admitted she couldnít pay) She even had some outside property manager attempt to call and tell me Iím wrong. I guess my question is considering she destroyed my house, hasnít paid rent, based on her reasoning, is she entitled to a deposit? --174.226.x.x

Security Deposit (by Plenty [MO]) Posted on: Dec 6, 2017 7:07 AM

Your state may be different from mine but she certainly is entitled to an accounting of the deposit... And any additional monies owed for damages. Follow your state laws in regards to deposit return.

How did u leave it when she ask in person for deposit in full? --66.87.xx.xx

Security Deposit (by Carol [VA]) Posted on: Dec 6, 2017 7:14 AM

I absolutely plan on sending her an itemized list of the damages/repairs but based on her tone of voice, she is suggesting she automatically gets her deposit because of what I supposedly put her though. (Even though I simply honored her requests) As far as how I left the conversation, I just let her speak her mind. --174.226.x.x

Security Deposit (by RathdrumGal [ID]) Posted on: Dec 6, 2017 7:40 AM

This is why I always require notification of move-out by the tenant in writing. I provide a form in their move-in packet, and provide another when I get the call. (They have always lost the first form.) I want it in their own handwriting that they are voluntarily leaving.

Security Deposit (by Carol [VA]) Posted on: Dec 6, 2017 7:48 AM

I prepared a document which stated that she requested the date, inspection date/time and that she agreed to forfeit her deposit since she terminated 6 months early and did not give me 30 days notice either. She signed this document --174.226.x.x

Security Deposit (by plenty [MO]) Posted on: Dec 6, 2017 7:51 AM

just run your business... let her run her mouth... so what.

you aren't doing anything wrong, however i would not like to be talked to this way either. Just run your business, carry on.

Security Deposit (by Patrick [VA]) Posted on: Dec 6, 2017 8:00 AM

Hi Carol

In Virginia, you have 45 days by law to provide an itemized list and the difference if any any.

I would tell her to wait 45 days....and then send her the bill that the deposit doesnt cover and demand payment in full for the difference.

If she takes you to court, you have the text messages and let the judge decide. Then file for a judgement and she will find out how difficult it is to rent in Va with a judgement. I certainly wont rent to anyone with a judgement.

Security Deposit (by RR78 [VA]) Posted on: Dec 6, 2017 8:18 AM

You are fine. She is just listening to a friend of hers, maybe the so called property manager, that does not know what they are talking about.

If you want to waste the time. Tell her to look it up and send you a copy of the law.

Then your new agreement accepted the deposit as the early move out fee. But you would still be entitled to damages for trashing the place.

Ask her if she would like to make payments on that balance that she legally owes.

Security Deposit (by myob [GA]) Posted on: Dec 6, 2017 8:41 AM

We love these types. We even direct them to file suit. Yea you heard that right -- they file suit and pay the cost. We file a counter claim for a huge amount covering the kitchen sink. That doesn't cost us anything. As long as you have your ducks in a row-- you're good to go.

Security Deposit (by Nellie [ME]) Posted on: Dec 6, 2017 9:03 AM

Document Document Document!

Be sure you have proof of everything that led up to the leaving.

Hopefully you have move in pics and inspection report to compare to the move out photos you will take hen/if it goes to court.

Does your state allow you to get the penalty rent for lease break? Mine does not, but the rent period is from the first. So she would be liable for December because she wasn't out by midnight November 30. Also, I am obligated to attempt to find a tenant to mitigate my losses.

Security Deposit (by S i d [MO]) Posted on: Dec 6, 2017 9:06 AM

As others have said, tenant doesn't know what she's talking about. There is a class of people who know nothing but making unenforceable threats against others: we call them contestants on the Jerry Springer Show!

Just send the accounting statement as required, the turn her account over to collections if she refuses to pay the balance due. Clean up and re-rent to someone better.

Btw, for future reference, we NEVER take anyone off the lease until we have verified that the remaining party is fully capably of qualifying on their own, and we do a full walk-thru and bill all damages at that time. We do the security deposit accounting and sign a brand new lease with a brand new deposit. I didn't do this once and got burned like you did. NEVER AGAIN!

Btw, there's also a $100 paperwork processing fee to remove someone from the lease to account for the extra time and hassle. Get paid for fulfilling their needs!

Security Deposit (by LindaJ [NY]) Posted on: Dec 6, 2017 9:48 AM

Did you ever remove the other person from the lease? If not, you have 2 people to deal with, both for accounting for the deposit and taking to court for the damages. --96.236.xx.xx

Security Deposit (by DannyC [MO]) Posted on: Dec 6, 2017 10:11 AM

I may have missed it, but did the tenant really move out including returning the keys? If she didnít she still has control of the he apartment. I am guessing she did so as everyone else has said change the lock and secure the property, do the accounting statement per your state laws, and continue with normal business. If damages exceed the deposit then proceed with collecting the balance due based on your normal procedure. If she wants to question anything it has to be done in writing. She is likely All talk and will do nothing.

Security Deposit (by Carol [VA]) Posted on: Dec 6, 2017 10:35 AM

Yes, she moved out and surrendered the key. We have changed the locks and documented everything along with photo/video evidence of the damages. Iíll say this is certainly a lesson learned and Iíll never again remove anyone from a lease early. I appreciate all of your responses! --174.226.x.x

Security Deposit (by RR78 [VA]) Posted on: Dec 6, 2017 11:08 AM

Yes, no reason to. More you people you have a chance to collect from if damages

Security Deposit (by Vee [OH]) Posted on: Dec 6, 2017 11:23 AM

This question rolls in here at least 4 times a year, never release from lease until lease expires, you are now capable of going in small claims court to recover the cost of returning the unit to movein ready, but not the months unpaid - so it is not a total loss, follow the 45 day limit described already, I put in my lease 28 days because OH is a 30 day state, anyway don't send photos - they know what they did, let the judge be the one to ask - mr messy, did you return the unit to miss carol looking like this? and she/he turns the photo to the tenant who always goes speechless except the extremely stupid ones who mutter it looked like this when we moved in, the judge will say nobody would ever move into a place like this and for this reason miss carol is entitled to the bills shown to get this place cleaned up.

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