Security Deposit (by Cooldrop [CA]) Feb 2, 2023 3:12 PM|
Security Deposit (by S i d [MO]) Feb 2, 2023 3:45 PM
Security Deposit (by Jim in O C [CA]) Feb 2, 2023 3:51 PM
Security Deposit (by Ken [NY]) Feb 2, 2023 4:08 PM
Security Deposit (by MC [PA]) Feb 3, 2023 4:33 PM
Security Deposit (by zero [IN]) Feb 5, 2023 7:44 AM
Security Deposit (by Cooldrop [CA]) Posted on: Feb 2, 2023 3:12 PM
State Specific Question About: CALIFORNIA (CA)
Tenant left with only giving 4 days notice via text to their intent to move. Rental Agreement requires 30 days written notice. We are in new month, tenant text last night that they are out and would like return of some of their security deposit.
My question is, would it be possible to charge daily rent for as long and unit is vacant -- up to 30 days??????? --98.147.xxx.xxx
Security Deposit (by S i d [MO]) Posted on: Feb 2, 2023 3:45 PM
As always, "it depends."
What do your state laws say?
What does your lease say?
What do your judges say?
Here in Missouri, a at least 30 days notice is required as well. Failure to do so is a lease violation, and in this case the lease would continue until....
1) The 30 days elapses or
2) I find another tenant.
So let's say the tenant gave notice on January 27th, 4 days before the end of the month. The law (and our judges) are clear that notice must be given on or before the 1st day of the month in which the notice is effective. So, the tenant would be on the hook for rent until Feb 28th, 2023.
First, get the tenant's forwarding address. This should be easy since they want you to mail them the deposit.
Once I have the address, then I would bill the rent against the security deposit and mail demand for payment of any balance due to the forwarding address. If they don't pay, file suit and get them served papers at the address, which you cleverly got earlier.
Good luck! --184.4.xx.xx
Security Deposit (by Jim in O C [CA]) Posted on: Feb 2, 2023 3:51 PM
If they are month to month you can deduct for 30 days minus the few days they were there. If on a lease you can deduct and charge until rerented. You must try to mitigate your damages and rerent. You can not get double rent. --99.23.xxx.x
Security Deposit (by Ken [NY]) Posted on: Feb 2, 2023 4:08 PM
I would be charging this month at a minimum for not giving proper notice plus any repairs,send a security deposit accounting letter showing what he owes you,if he sues then you countersue --74.77.xx.xx
Security Deposit (by MC [PA]) Posted on: Feb 3, 2023 4:33 PM
I have learned to wait at least a week or two before sending ANYTHING. Take the time to really check things out. Turn all the lights and appliances on,etc.
As for the rent for the month, look at your state. I would ding them for as much as I could. 4 days is BS notice. I would also remove the mailbox or shut it temporarily-their problem is not mine. Yes, I am like that when it comes to a BS move. --73.230.xxx.xx
Security Deposit (by zero [IN]) Posted on: Feb 5, 2023 7:44 AM
I like the idea about shutting down or removing the mailbox. Could be done while rehabbing and until the place is rented again.
Still have deadbeats getting mail at some of my places. I will write wrong address and send it back for a short time. The rest seems to have gotten lost somehow. --107.147.xx.xxx