Hi Sam,

If you've been on Mr. LL for more than a week, you've probably heard this phrase before...

"What does your LEASE say?"

Let me give an example of how this works for me:

TENANT: "You can't come for repairs today."

ME: "We posted notice 24 hours in advance per our lease. Failure to be present and to allow access will result in the minimum charge of $40 or the contractor's service call fee, whichever is greater."

***

TENANT: "I want to move out early!"

ME: "Okay, per our lease the early lease termination fee is $XXX. I need your written, signed notice of intent to terminate early, signed and dated by the last day of this month, and it will be effective to terminate as of Nov 30th. The fee must be paid before your lease end."

***

TENANT: "I demand you do a walk thru with me and my parents present."

ME: "Per our lease and the laws of the State of Missouri, I will let you know when I schedule the walk thru. You or your representatives are welcome but not required to be present. Our accountant handles the security deposit and we will send you the accounting within the time period specific in the Revised Missouri Statutes. What is your new address so I can forward it?"

***

TENANT: "Well, if you're going to be an #$%#$ then I'm not moving."

ME: If notice hasn't been received yet: "Okay, then rent is due Nov 1st, have a nice day." (click) If notice has been received: "Per our lease, once written notice is received I have to agree to take-back your notice. You will need to have all your possessions out and keys left on the kitchen counter on or before Nov 30th, or we will consider this tenancy a hold-over and will take whatever steps are necessary to recover the premises."

***

Once everything is in the lease, you simply follow your lease. You always speak in a calm, collected manner.

There's no drama for you. There may be plenty of drama for your tenant, but that's their concern not yours. Time to tidy up any holes in your lease!

If they scream or get nasty with you on the phone, simply tell them all future communication must be in writing, then block their calls. There is no law requiring you to talk to nasty people on the phone. Save their texts and emails for court. ;-)

Now, a final thought...I realize this tenant is annoying. However, we're going into one of the hardest times to rent (Nov - Jan). If the repairs aren't causing issues with the property, I recommend continuing the lease thru the Winter and then handing 30 days notice of non-renewal on February 28th so you can have them out at the end of March and get the place ready for the next crop of desirable renters in the late Spring.

Tell you what-- you are no longer the LL...

The answer is NO NO NO leave the keys on the counter with your forwarding address and I'll inspect shortly. Your deposit is in a special escrow account and per the law will be returned to you following the law.

Though the law allows 30 days in PA, holding on to the deposit is just one more thing I have to be mindful about and track.

To make life easier on myself, once everything is out of the unit and I am given the keys, I will then inspect the property - generally takes 10 minutes. If all looks good, I do hand the check for a full security deposit refund to the tenant on the spot, if present. If not present, I mail it within a day or two of the move-out. Most tenants have a bad landlord story and often involves the deductions make to their security deposit. I find that tenants are blown away when I deliver the check immediately vs them having to wonder and wait for the security deposit check.

As some landlords have mentioned on this board - I am in the customer service business. I do not nickel and dime tenants on the way out(e.g., a burned out light bulbs, dirty window sill) because I want the tenant to be spreading the word for me that I am the landlord to rent from if friends, family or co-workers are looking in the future. I do not mind forgoing the $5,$10,$20 deductions because I'd rather receive the many thousands from a referred tenant (of course, new applicants must pass my screening). I have probably received 15 - 20 referrals who become tenants over the years from current or past tenants.

I tell the tenants that for their protection, the security deposit is held apart from all other money (true) and that I do not have checks for that account (also true) and the refund will be sent directly from the bank - after we get the keys and possession is returned, with the unit clean and ready to occupy by the next resident.

I've had many tenants demand immediate repayment of their deposit upon leaving the property and turning in the keys. Most of the time it's a harmless request. But several times the tenant had an unknown boarder who will not leave and would require a costly eviction to leave. So I simply explain that I'm happy to do TWO inspections. One, two weeks before the move out date to provide a list of costs of repairs. And the second inspection after the tenants belongings/property have been removed, keys turned in and the tenant signs a letter confirming they are out and surrenders the property back to the owner. I then will give the tenant an approximate list of costs to be deducted fro their deposit and have 21 days to provide the refund check, receipts of repairs.

Too many things to find out during cleaning/repairing process to hand back SD on the spot anyway. I just send them a reminder letter of MY move out procedure, and it's after they are gone with keys and forwarding address left on the kitchen counter. They can want it immediately, but they don't get it. I can't help that Rich is doing all landlords a disservice (including himself).