 Teant lien (by Barry Pulliam [NC]) Sep 17, 2018 2:19 PM
 Teant lien (by cjo'h [CT]) Sep 17, 2018 2:37 PM
Teant lien (by Mike45 [NV]) Sep 17, 2018 2:42 PM
Teant lien (by WMH [NC]) Sep 17, 2018 2:48 PM
Teant lien (by myob [GA]) Sep 17, 2018 6:10 PM
Teant lien (by Lynda [TX]) Sep 17, 2018 9:31 PM
Teant lien (by JB [OR]) Sep 17, 2018 10:13 PM
Teant lien (by BRAD 20,000 [IN]) Sep 17, 2018 11:12 PM
Teant lien (by Oregon Woodsmoke [ID]) Sep 18, 2018 6:39 AM
Teant lien (by Oregon Woodsmoke [ID]) Sep 18, 2018 6:45 AM
Teant lien (by Mike45 [NV]) Sep 18, 2018 2:07 PM
Teant lien (by Barry Pulliam [NC]) Posted on: Sep 17, 2018 2:19 PM
Message:
For the first time I have a tenant who basically trashed my rental. There is damage beyond normal wear and tear. She has been gone 30 days but we are still assessing the damages. NC give 30 days to return a deposit, she won't get it back. What can I tell her to protect us? --167.230.xxx.x |
Teant lien (by cjo'h [CT]) Posted on: Sep 17, 2018 2:37 PM
Message:
Barry,it's very important to get your accounting statement out within the state allowed time,usually thirty days.even if you don't know the amount of damage just say damage not ascertained by appraiser yet!...................charlie............................................. --32.214.xxx.xx |
Teant lien (by Mike45 [NV]) Posted on: Sep 17, 2018 2:42 PM
Message:
Barry:
1. Do not use your full name here. It can urn around and cause you problems later.
2. I think you probably misstate NC law -- is it 30 days to return deposit, or 30 days to account for the deposit and return any excess? I suspect you need to account within 30 days. And that accounting should be done within the 30 days, or you can cause yourself problems. As Cjo'h said, get it out in time, even if not complete. I often have to include estimates or "damage amount unknown" in my statements.
--71.222.xx.xxx |
Teant lien (by WMH [NC]) Posted on: Sep 17, 2018 2:48 PM
Message:
NC law says an INTERIM accounting needs to be produced within 30 days, and you have 45 to produce the final.
Get that interim account to her right now, via email and/or text (no statute on method of delivery) or you are in trouble. --50.82.xxx.xx |
Teant lien (by myob [GA]) Posted on: Sep 17, 2018 6:10 PM
Message:
We have that same 30 days here in GA. HOWEVER an accounting must be made in 3 days with estimates etc..
Your question shows you have not STUDIED LL/Tenant law for your state. The simple statement its been 30 days and WHERE still assessing---- really 30 days?
--99.103.xxx.xxx |
Teant lien (by Lynda [TX]) Posted on: Sep 17, 2018 9:31 PM
Message:
You send her the Security Deposit Accounting within the 30 days and in it you state:
-a list of all the damages and the costs to repair them
-since the total estimate of costs add up to more than the deposit on hand
-then you state the amount she still owes you, and how she plans to pay for it
-give her a couple of choices like in-full or on a payment plan
-if you don't have a forwarding address, just send it to her last known address (your rental)
-when the letter arrives at your empty rental, keep it on file to prove you sent it on time
The tenant doesn't lien on you--you LEAN on the tenant.
--108.87.xx.xxx |
Teant lien (by JB [OR]) Posted on: Sep 17, 2018 10:13 PM
Message:
" NC give 30 days to return a deposit, she won't get it back." I wouldn't count on that. You miss that 30 day deadline and she will likely go to court and may wind up getting a judge to give that deposit back to her because you haven't followed the law...unless you can get her an accounting before the deadline--and it doesn't sound like you will. --24.20.xxx.xxx |
Teant lien (by BRAD 20,000 [IN]) Posted on: Sep 17, 2018 11:12 PM
Message:
BArry,
Get that written Deposit Settlement mailed NOW! with photos.
"Still assessing"? This should take a day. Take pics, write a price on each pic. Add em up. Mail it off.
My lease is clear: it has a whole page, 2 columns, of Standard Cleaning and Repair Costs, signed by the res. $265 to repaint a room, $5 per lightbulb, $50 per drywall patch...no need for quotes. Rent and late fees continue until keys are returned.
Not to rub salt in your wound but you've already lost a month of rent by waiting.
BRAD --68.50.xxx.xxx |
Teant lien (by Oregon Woodsmoke [ID]) Posted on: Sep 18, 2018 6:39 AM
Message:
If I can't get workmen out to finish within the 30 days, I add estimated expenses to the account with a note that if it turns out to cost less, the difference will be refunded.
I don't think that the law anywhere says you can only charge for repairs finished within 30 days. The deposit laws only say that the tenant must be told what is happening to their deposit money within 30 days. --174.216.xx.xxx |
Teant lien (by Oregon Woodsmoke [ID]) Posted on: Sep 18, 2018 6:45 AM
Message:
OP did your tenant give a proper notice that she was leaving? That might affect when your 30 day count starts.
If you really have gone over the time period required by law, you might as well just send her the deposit back and hope she is happy to settle for that. A very expensive lesson for you about knowing the landlord laws if you are going to be a landlord. --174.216.xx.xxx |
Teant lien (by Mike45 [NV]) Posted on: Sep 18, 2018 2:07 PM
Message:
I sometimes cannot get a great estimate in the 30 days. Under my laws, I have to give the ex-T time (30 days minimum) to remove personal possessions. Well, I can move their junk to a storage facility, but that is expensive and a heck of a lot of work. and potential liability if that antique heirloom gets damaged. So I leave it in place for 30 days.
On day 30, when my accounting is due, I might still have a household full of furniture and other junk that I cannot clear out until day 31. How can I evaluate the damage if the place has not been emptied? Of course, the cost of disposing of all that junk (labor plus dumpster rental fees) can be estimated, and is included in my accounting.
--71.222.xx.xxx |
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