My situation is a bit different than ones I’ve been reading about and I hope you more experienced landlords can help me. I’m relatively new to the game

I own a condo. My daughter lives in one room and I rent out the other. Got new tenant March 1st. By end of month it was obvious she had emotional issues and cried to us that she made a mistake and wants to break the lease. She had less than stellar credit and 2 small dogs, but she seemed reliable and we took a chance. She gave us half a month’s rent as security deposit. I agreed to allow her to break the lease. My conditions were she had to give me a 30 day notice. She did on May 1st and immediately asked about her SD. Ignorantly, I told her she forfeited it when she broke the lease. I have since been educat8ng myself on SC law. She sent me a registered letter notarized informing me that we “mutually” ended the lease and that the law states she gets her SD back.

There is no place on the lease that I mention breaking it. So it goes to the SC law. Which clearly states that until I find a tenant she’s responsible for rent (I’ve been diligently trying and have proof). It also states that I can use the SD for payment as it’s considered damages (financial damage)

First, your opinion on above. Second, I am sending her letter stating date and time of final inspection with what I expect

1) room and bathroom left in same pristine condition it was found in. I’d like to add shampooing of rugs due to dogs. Can I? I also want to add cleaning if microwave, oven and stove since it’s horrible. My daughter hardly cooks and I know she’d never leave my appliances so nasty. My daughter has said she’s never once seen her clean anything, even vacuuming her room.

Since it’s a shared place, can I ask her to clean appliances? If she tells me my daughter uses them too I really can’t argue that point. Suggestions?

I truly am livid at the nerve of this girl expecting her SD back after breaking the lease. Someone suggested having something written up at day of inspection that I am using SD for half of next months rent and will not charge her any more for future rent. We can both sign that I’d be fine. Otherwise I will take her to court.

Without knowing anything about SC, I think the following:

1. I doubt that she "forfeits" her security deposit for any reason. You can probably apply the deposit against any sum that she legitimately owes to you.

2. She can send you any letter that she wants, registered or otherwise, saying that you mutually terminated the lease, but that doesn't make it so. You may want to send her a letter back (registered) that you disagree and reciting your recollection of the circumstances.

3. A person who rents a room may be different from a tenant and not covered by SC law. Better check.

4. What you "expect" upon move-out may not be what the law applies. Better check SC law. CA for example requires premises to be "as clean as it was at inception of the tenancy". SC may not be the same but better check if thee is a standard, code or otherwise.

5. It is probably YOUR responsibility to find a replacement tenant, on either tenants' behalf or your behalf.

6. For the sake of a dirty room, I wouldn't expect too much cleaning from the tenant or take the cost seriously. Its a learning experience.

At 19 years of age and my 4th single family home, I had a renter who got a job transfer and wanted to break his lease only after 8 months into a 1 year lease. He said that if I let him out of his lease he would allow me to keep his security deposit and the balance of rent paid. So I took out a sheet a paper and had him write down his offer. I had him sign and date the "offer letter" and on the back I wrote down his drivers license number and date of expiration -- taking not that his signature matched.

The tenant moved out and left the keys for me on the kitchen counter. I came in and took around 30 pictures with my camera.

I fixed up the house and re-rented it out within about 20 days. Three months later I got a summons to small claims court, my tenant was asking for his deposit back.

In court he claimed he left the house in good condition, he had pictures to prove it and I should have returned his deposit. The Judge agreed with him and was about to rule. I began to talk and the judge said, "who are you kid"! I told the judge the following:

a) I am the owner of this property

b) The tenant broke the lease, it was for one year and he moved out only after 8 months.

c) The tenant agreed that if I allow him to move out early, I could keep his deposit and any balance of paid rent.

d) The tenant got a promotion and a Job Transfer and needed to leave quickly.

e) I had to fix up the house and then go through the trouble of finding a replacement tenant.

I had a written agreement that the tenant wrote and signed.

Sara,

Welcome and great question.

My first thoughts:

-another sad case of Wimpy-Lease-itis.

-LL went off script (lease) and said too much

(why do LLs roll over so quickly about returning deposits)

She has poised herself for war with you so fire back a letter NOW clarifying the rules of the lease.

"Mary, Here is a copy of the lease with the exit terms highlighted. This is the plan we agreed and will follow."

My lease is clear:

"____ (initial) Oral communications are non-binding. The terms of the written lease will override any verbal communication."

"Early Lease Termination Fee $____." Gives her the freedom to leave any time she wants on good terms...when she pays this fee. This solves sooo many problems!

A good lease is worth it's "weight" in gold!

Not sure how you can hold her responsible for cleaning shared appliances and bathrooms.

I am not sure how you can hold her responsible for shared places especially since both tenant are not moving out. Certainly her room should be cleaned and undamaged.

There are a few different issues here. The SD can be used to cover unpaid rent and for damages but some of it depends on what your lease says.

You state she needs to have the carpets cleaned when she leaves because of her dogs. Is that specified in your lease? Normally you can require appliances, etc. be cleaned to the same condition as when they moved in but your daughter lives there which makes it difficult to prove that the appliances are rarely used by your daughter or that the condition is due entirely to the tenant.

The state law that she is obligated to pay rent until you find a substitute tenant shoud have been disclosed at the time she asked to break her lease. It could well have had an impact on her decision to stay or go. Coming back after the fact could be viewed as retaliatory.

SC is very strict on full disclosure regarding the condition of the property and that rules and requirements be stated in the lease. Allowing state law to prevail when your lease is not specific is a risky proposition placing you and the tenant in a" she said vs she said" which means you are at the mercy of the judge's decision.

These are first time mistakes which are easily remedied going forward.I suggest you download a copy of the SC Re commission lease and use that as your guideline. I also recommend you download the SC LL/tenant laws and become familiar with them.