You can keep my deposit
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You can keep my deposit (by Roy [AL]) Oct 4, 2022 3:37 PM
       You can keep my deposit (by WMH [NC]) Oct 4, 2022 3:40 PM
       You can keep my deposit (by Homer [TX]) Oct 4, 2022 3:43 PM
       You can keep my deposit (by Marcia [WI]) Oct 4, 2022 3:45 PM
       You can keep my deposit (by MC [PA]) Oct 4, 2022 3:54 PM
       You can keep my deposit (by Sisco [MO]) Oct 4, 2022 4:09 PM
       You can keep my deposit (by Ken [NY]) Oct 4, 2022 4:43 PM
       You can keep my deposit (by Roy [AL]) Oct 4, 2022 5:23 PM
       You can keep my deposit (by plenty [MO]) Oct 4, 2022 5:25 PM
       You can keep my deposit (by Laura [MD]) Oct 4, 2022 5:25 PM
       You can keep my deposit (by Laura [MD]) Oct 4, 2022 5:27 PM
       You can keep my deposit (by Hoosier [IN]) Oct 4, 2022 6:02 PM
       You can keep my deposit (by Roy [AL]) Oct 4, 2022 6:16 PM
       You can keep my deposit (by DJ [VA]) Oct 4, 2022 6:19 PM
       You can keep my deposit (by DJ [VA]) Oct 4, 2022 6:21 PM
       You can keep my deposit (by LordZen [MA]) Oct 4, 2022 6:50 PM
       You can keep my deposit (by 6x6 [TN]) Oct 4, 2022 7:54 PM
       You can keep my deposit (by DJ [VA]) Oct 4, 2022 8:51 PM
       You can keep my deposit (by small potatoes [NY]) Oct 4, 2022 11:03 PM
       You can keep my deposit (by Hoosier [IN]) Oct 5, 2022 12:06 AM
       You can keep my deposit (by Vee [OH]) Oct 5, 2022 4:27 AM
       You can keep my deposit (by Deanna [TX]) Oct 5, 2022 6:59 AM
       You can keep my deposit (by Roy [AL]) Oct 5, 2022 7:15 AM
       You can keep my deposit (by Hoosier [IN]) Oct 5, 2022 8:02 AM
       You can keep my deposit (by S i d [MO]) Oct 5, 2022 8:41 AM
       You can keep my deposit (by WMH [NC]) Oct 5, 2022 8:48 AM
       You can keep my deposit (by Roy [AL]) Oct 5, 2022 9:41 AM
       You can keep my deposit (by S i d [MO]) Oct 5, 2022 9:57 AM
       You can keep my deposit (by Oregon Woodsmoke [ID]) Oct 5, 2022 10:16 AM
       You can keep my deposit (by Roy [AL]) Oct 5, 2022 12:09 PM
       You can keep my deposit (by RB [TN]) Oct 5, 2022 2:38 PM
       You can keep my deposit (by mapleaf18 [NY]) Oct 5, 2022 4:47 PM
       You can keep my deposit (by frank [MA]) Oct 5, 2022 5:27 PM
       You can keep my deposit (by mapleaf18 [NY]) Oct 5, 2022 5:48 PM
       You can keep my deposit (by Hoosier [IN]) Oct 5, 2022 7:08 PM
       You can keep my deposit (by Mapleaf18 [NY]) Oct 6, 2022 3:31 AM

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You can keep my deposit (by Roy [AL]) Posted on: Oct 4, 2022 3:37 PM
Message:

I have a female tenant of 2 years who has been an excellent tenant so far,... but she pulled a fast one on me last Thursday which caught me by surprise.

On September 30th she sends a text saying she is buying a house and will be moved out of my house by October the 8th. (My lease says a 30 day notice is required). I then send her a text on October 1st and that said "October rent?" . Then she gets sassy with me and says "I am only going to be here for another week". I protested further and finally she says " you can keep my deposit and we will call it even,..how about that?" I just said 'ok' and just left it at that.

The above LL/Tenant exchange all happened in a few 'back and forth' text messages. Since I hate texting, I surrendered early and just accepted her offer of her deposit.

How would you have handle this ? --71.207.xxx.x




You can keep my deposit (by WMH [NC]) Posted on: Oct 4, 2022 3:40 PM
Message:

That's why I collect 2x the rent for deposit these days... --50.82.xxx.xxx




You can keep my deposit (by Homer [TX]) Posted on: Oct 4, 2022 3:43 PM
Message:

Is she Month to month, or under a lease? Honestly, I would enforce what the lease says. Take her to small claims court to collect damages, after you give her a full accounting, and she doesn’t pay. As a homeowner, you can Lein her new property. --47.32.xxx.xxx




You can keep my deposit (by Marcia [WI]) Posted on: Oct 4, 2022 3:45 PM
Message:

A couple years ago, I had two, unmarried tenants who had rented for me for about 1 1/2 years. One day, I received notification from the other tenants in the building that one of them had vacated and never notified me. That was a first for me in 20 years of doing this. I then emailed/texted one of them and they confirmed that they were moving but wasn't sure if the one that was left would be staying there or not. I then got a hold of him and he said he wasn't sure yet. Within a couple of weeks, he let me know that he would be leaving as well. So within a couple of weeks, he was gone also. The place was a mess, and he told me he wanted to use the SD as last month's rent. I gave him the option of cleaning or have me do it for $30/hour. He said I should do it. I wasn't sure if he would pay me or not, but he actually did. It was in the $300 range. They weren't horrible tenants, it just didn't end well. Again, the way it should be is that "tenants aren't in charge, landlord is." Sometimes I just go with the flow and hope for the best. This one did turn out okay. I'm guessing yours will also. --74.199.xxx.xxx




You can keep my deposit (by MC [PA]) Posted on: Oct 4, 2022 3:54 PM
Message:

Sec is for damages-not rent. If you are there any part of the month, you are there and owe for the month. Learned years ago and stuck by it. You didn't even get 30 days notice. --73.230.xxx.xx




You can keep my deposit (by Sisco [MO]) Posted on: Oct 4, 2022 4:09 PM
Message:

I send the portion of the lease that addresses the issue.

Her closing will likely be rescheduled. Now that you have caved in and accepted her terms, prepare yourself for her to change the terms more. --149.76.xxx.xxx




You can keep my deposit (by Ken [NY]) Posted on: Oct 4, 2022 4:43 PM
Message:

Roy,she bought a house so easy to find,easy to sue in small claims court,easy to attach to her house and a letter will scare her and she will pay.She would owe me for October,November for not giving 30 day notice and every bit of damage there is. --74.77.xx.xx




You can keep my deposit (by Roy [AL]) Posted on: Oct 4, 2022 5:23 PM
Message:

Lets not go overboard here just yet,...it is just the 4th day and I usually don't post P/Q notices until the 7th. In her case, I will give her the benefit of the doubt and see if she actually moves out this weekend. If she does not, then all bets are off and I will post her on Monday. Right now I am still on good terms with her since I agreed to her deposit offer. I want to keep the lines of communication open and positive until I can get possession of the house. Right now, she has the upper hand because she still has possession.

--71.207.xxx.x




You can keep my deposit (by plenty [MO]) Posted on: Oct 4, 2022 5:25 PM
Message:

Before you do anything else. Politely ask for her forwarding address. She may be proud to share. Then you can access the damages, apply the security deposit to the rent plus damages and send her the accounting. What's your state law in returning security deposit? --172.56.xx.xxx




You can keep my deposit (by Laura [MD]) Posted on: Oct 4, 2022 5:25 PM
Message:

I would be sure to follow the Landlord Tenant laws regarding the return of the security deposit/accounting. I would charge her for the rent due under the lease, not it in the security deposit account and then take her to small claims court. Make sure you send the sec. deposit accounting letter within the timeframe. Otherwise you could owe her. --108.56.xxx.xx




You can keep my deposit (by Laura [MD]) Posted on: Oct 4, 2022 5:27 PM
Message:

This "agreement" you have with her, will not hold up in court if she changes her mind. Send that sec. deposit account! --108.56.xxx.xx




You can keep my deposit (by Hoosier [IN]) Posted on: Oct 4, 2022 6:02 PM
Message:

I would have simply pointed to your lease clause that says the deposit is not to be used to pay the last month's rent (you do have that clause, don't you?). I would have said I expected the October rent.

If the damages end up being anything more than 0, you are eating the balance...not good.

If she ends up never paying, then I'd send the SD letter per local laws, and in it state that she has unpaid rent of $xxx and if not paid it may result in additional legal fees and marks on her credit report. You can decide later whether to pursue further, it will depend on how much damage there is. --99.92.xxx.xxx




You can keep my deposit (by Roy [AL]) Posted on: Oct 4, 2022 6:16 PM
Message:

Plenty

State law says I can not charge more than a month's rent for a deposit, however, I am thinking about breaking this law and doing it anyway for obvious reasons here. Also, state LL/|tenant law says I have 45 days to return the deposit accounting statement.

Ken - I do not think my tenant is buying a house in the traditional sense. I think she has found another LL who will either do RTO or Lease Option. This is something she and I talked about not long ago. However, instead of doing a L/O with me on the house she rented, she found another house and a LL and may have done the deal with him. --71.207.xxx.x




You can keep my deposit (by DJ [VA]) Posted on: Oct 4, 2022 6:19 PM
Message:

How I would have handled this:

Reply text: Thank you for letting me know.

Send her an email with "Congratulations on your new home purchase"

I have received your notice by text that you will be vacating (address) on (date).

This is sufficient notice for you to vacate and the rental agreement to end on October 31, 2022. [copy/paste sections of the rental agreement]

Your security deposit will be returned to you according to state law.

Please remember it can only be used to pay for damages after vacating [copy/paste sections of the rental agreement], so the normal rent of $XX.00 must be paid on to before Oct 1st as usual.

Provide your forwarding address for prompt return of the security deposit.

Then, when she texts more to complain, ignore it. --68.229.xxx.xxx




You can keep my deposit (by DJ [VA]) Posted on: Oct 4, 2022 6:21 PM
Message:

Correction:

I received your notice by text on (date) that you will be vacating (address) --68.229.xxx.xxx




You can keep my deposit (by LordZen [MA]) Posted on: Oct 4, 2022 6:50 PM
Message:

. --98.216.xx.xxx




You can keep my deposit (by 6x6 [TN]) Posted on: Oct 4, 2022 7:54 PM
Message:

What about any damages? --73.113.xxx.xxx




You can keep my deposit (by DJ [VA]) Posted on: Oct 4, 2022 8:51 PM
Message:

Then send all the information about what she needs to do for a smooth move-out and to get the deposit back. --68.229.xxx.xxx




You can keep my deposit (by small potatoes [NY]) Posted on: Oct 4, 2022 11:03 PM
Message:

Roy at this point I'd let sleeping dogs alone. When she moves and if there are damages bring it up then. But if she really isn't gone in a week would you rather post or keep her?

Do you have a move out letter you send? Mine has instructions for what to take care of to avoid charges and reminds them to forward the mail, etc. --24.194.xxx.xx




You can keep my deposit (by Hoosier [IN]) Posted on: Oct 5, 2022 12:06 AM
Message:

Roy,

Unrelated to this tenant...but you mention that state law prohibits you from charging more than one month for a SD. What about this in your next lease...

"SD is equivalent to one month's rent and = $______. Also there is an "exit cleaning fee" of $____. This fee will be returned to tenant so long as the house is cleaned to the same condition as when the tenant moved in. A checklist of items that must be cleaned is included later in this lease."

The exit cleaning fee is not a deposit, but rather an upfront fee that you collect in case they do not clean...and cleaning is not something you can charge damages for. You could make this fee whatever you like...ours varies from $150 to $250 depending on the size of the house.

Would that work? Worst case scenario is that you try it, and later in court your judge disallows it. --99.92.xxx.xxx




You can keep my deposit (by Vee [OH]) Posted on: Oct 5, 2022 4:27 AM
Message:

I would not get into a match with this or any other, just follow the law, the lease and file eviction in a timely manner. --76.190.xxx.xxx




You can keep my deposit (by Deanna [TX]) Posted on: Oct 5, 2022 6:59 AM
Message:

"You can keep my deposit" re: "I'm not paying the last month's rent" is code for "I'm not bothering to clean, either." --172.58.xxx.xxx




You can keep my deposit (by Roy [AL]) Posted on: Oct 5, 2022 7:15 AM
Message:

Small potatoes - Yes on sleeping dogs. I would not mind keeping her as a tenant if she decided to not move. We are still on good terms and on Friday I am going to make a surprise visit on her. She works the graveyard shift and sleeps during the day, so I may have to wake her up. She gave me a surprise last week (via texting) and on Friday I am going to give her one by showing up unannounced.

Hoosier- I like the 'cleaning deposit' idea you suggested. State law here actually says deposit must not exceed 1 months rent,...unless there are extenuating circumstances. Law does not define or give examples of Extenuating circumstances. So I guess I can make up my own reasons for Extenuating circumstances which I plan to do. --71.207.xxx.x




You can keep my deposit (by Hoosier [IN]) Posted on: Oct 5, 2022 8:02 AM
Message:

Roy, just don’t call it a cleaning deposit…call it a “fee”. If your concerned about the law, just reword it….

“We charge an entrance cleaning fee that ensures you have a fully clean and fresh property. If you clean upon move-out such that we don’t need to do it for the next tenant, we will pay a $150 bonus on top of any security deposit refund.” --99.92.xxx.xxx




You can keep my deposit (by S i d [MO]) Posted on: Oct 5, 2022 8:41 AM
Message:

I would stick to my lease, as I always do.

Tenants do not dictate terms to me like this woman did to you. We stick to the lease.

There's no point having a lease if you're not going to follow through. Just do a spit-shake verbal agreement and let the chips fall where they may.

Again, though, this issue along with others recently posted all go back to tenant screening. When you only accept the right tenants, they have a vested interest in doing what it right by you. They pay on time, all the time. They don't play silly games. They treat you well because that's who they are and they expect to treat others as they would like to be treated.

RB's advice applies here: screen 3x the effort.

* No more than 1 charge off on credit report within past 3 years

* No bankruptcies (discharged or not) within past 3 years

* Solid, stable income... GARNISHEABLE is REQUIRED

* Minimum 3x the income take home pay + $500 of discretionary income (i.e. not taken up by payments/rent) per adult

* Positive current and past LL reference - 1st time renter may do double security deposit or co-signer

* Reasonably clear criminal background

* Cooperative

* Passes the 2 minute in home inspection

When I follow these criteria, I've NEVER had to evict or play dumb move-out games. When I've gotten sloppy or "let people slide"... I end up with problems.

It's funny how we sometimes think we got to get someone in there paying rent... but one missed month's payment on a year lease effectively eats up most of the profit.

I would respond a second time something like this:

"Miss Tenant, I apologize but I was not on my medication yesterday when I answered you. Our lease and Georgia State Law doesn't allow us to accept the deposit for anything that's due on your lease until after the lease ends, and rent is due now. So we have to have this month's rent paid on time as always, or we will take action specified in our lease. Late fees are adding on and will continue to increase until all funds due are paid in full. Please forward a copy of your receipt as soon as it's paid. We don't want to have to move forward with legal action. All the Best, The Management"

If she's really buying a house (doubtful), you can easily find her, drag her into court, and attach a lien. But me and a 12 pack of Coors says she's blowing smoke up your shirt.

--184.4.xx.xx




You can keep my deposit (by WMH [NC]) Posted on: Oct 5, 2022 8:48 AM
Message:

"Alabama landlords can charge no more than one month's rent as a security deposit. However, this deposit does not include pet deposits, deposits to cover undoing tenant's alterations, or deposits to cover tenant activities that pose increased liability risks. (Ala. Code § 35-9A-201 (2022).)"

"OR DEPOSITS TO COVER TENANT ACTIVITIES THAT POSE INCREASED LIABILITY RISKS..."

Well, prospective tenant, here we have an issue: because your rental history is spotty (or non-existent, or you don't make enough money and need a co-signer, or your job is too new blah blah blah, or your credit score SUCKS....) we are going to have to charge you an increased Security Deposit in order to rent you this property. 2x the rent will be the refundable Deposit we keep on hold for you. It is still fully refundable if you return my place to me in clean, ready to occupy condition (according to this check list) and will all rents and fees and bills paid. --50.82.xxx.xxx




You can keep my deposit (by Roy [AL]) Posted on: Oct 5, 2022 9:41 AM
Message:

WMH,

I will need to go back and re-read that AL code # you posted. AL LL/Tenant laws only say 'so much (or little)" and then leave you hanging for an additional explanation or who was the AL idiot that wrote that sentence.

"undoing a tenant's alterations" that is something I need a double deposit for. Like unauthorized interior painting which happens mostly with the D hood tenants.

Sid - I have a hard time enforcing my lease for 2 reasons. The tenants do not read it before signing it and the eviction judge here could care less what is in my lease. I wonder at times why I even use a lease. --71.207.xxx.x




You can keep my deposit (by S i d [MO]) Posted on: Oct 5, 2022 9:57 AM
Message:

Roy, if what you say is true then I've got nothing for you. I only rent to tenants who understand and abide by the lease. I only invest in areas where the law is known for enforcing private property rights and contracts. You're probably correct that you shouldn't use a lease if no one will read it or enforce it. Just take a fistful of cash from the first breathing soul to darken the doorstep and see what happens. That type of investing is not my cup of tea, but it sounds like you must either do that or sell and invest elsewhere.

Now... let's talk turkey: Are you sure this is true, or are you just feeling beat up by half-butt tenants and DIYing everything?

--184.4.xx.xx




You can keep my deposit (by Oregon Woodsmoke [ID]) Posted on: Oct 5, 2022 10:16 AM
Message:

No surprise visits. You have to give your proper notice.

Just because the courts allow tenants to do as they please does not mean that you can now do as you please. Even if tenants do not have to follow the law, the landlord still must follow the law. --76.178.xxx.xxx




You can keep my deposit (by Roy [AL]) Posted on: Oct 5, 2022 12:09 PM
Message:

Oregon,

Are you telling me I can't knock on the front door like anyone else can? And the courts here do not allow tenants to do as they please. Your interpretation of what I said is totally off base here.

--71.207.xxx.x




You can keep my deposit (by RB [TN]) Posted on: Oct 5, 2022 2:38 PM
Message:

I agree, Roy. --24.183.xxx.xxx




You can keep my deposit (by mapleaf18 [NY]) Posted on: Oct 5, 2022 4:47 PM
Message:

I agree with Deanna. I had a tenant say this and "you can go after me if you want but I'm filing bankruptcy." He left with less than 30 days notice and didn't pay the last month's rent. And yes, he filed bankruptcy so the amount due fell on his ex-wife who hasn't paid a cent.

Here it is illegal to collect 2X the rent as sec dep. or last month's rent. --72.231.xxx.xx




You can keep my deposit (by frank [MA]) Posted on: Oct 5, 2022 5:27 PM
Message:

Mapleleaf

Anyone can file bankrupcy,..but often it never happens that they go through with it. Its an old lawyers trick to make people think "oh well ,it now uncollectable",.. --96.236.xxx.xxx




You can keep my deposit (by mapleaf18 [NY]) Posted on: Oct 5, 2022 5:48 PM
Message:

frank, true but he actually DID go through with it. He and his dirtbag father showed up at the small claims court judgement hearing "just in case" I name them as a party. they were waiving their discharge papers which I already knew about.

He was stupid enough to tell his ex-wife about the court hearing and she showed up. I got a judgement against her for what it's worth (not much)

I also got threatening notifications from his two bit attorney (who uses a yahoo email address--can't spend the dough to get his own domain) letting me know the law. (insert eye roll)

What a dope. --72.231.xxx.xx




You can keep my deposit (by Hoosier [IN]) Posted on: Oct 5, 2022 7:08 PM
Message:

Just because they fell bankruptcy does not mean you’ll never get anything. I had that exact thing happen to me and I put a judgment against them in a year and a half later I got a check for 70% of what they owed me. --99.92.xxx.xxx




You can keep my deposit (by Mapleaf18 [NY]) Posted on: Oct 6, 2022 3:31 AM
Message:

Hoosier, yes that can happen if you have good timing but in this case, because of the wuflu, I could not get a court date to get a judgement on them BEFORE he completed his bankruptcy.

Here in NYS, you can't income execute on anyone working 30 hrs a week or less so that leaves his ex wife out although I have a judgement on her --72.231.xxx.xx



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