security deposit return
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security deposit return (by warren631 [PA]) Feb 19, 2024 10:28 AM
       security deposit return (by Jason [VA]) Feb 19, 2024 10:37 AM
       security deposit return (by Robin [WI]) Feb 19, 2024 10:45 AM
       security deposit return (by nicole [PA]) Feb 19, 2024 10:55 AM
       security deposit return (by Warren631 [PA]) Feb 19, 2024 11:35 AM
       security deposit return (by RB [TN]) Feb 19, 2024 11:38 AM
       security deposit return (by Warren631 [PA]) Feb 19, 2024 11:44 AM
       security deposit return (by Warren631 [PA]) Feb 19, 2024 11:47 AM
       security deposit return (by plenty [MO]) Feb 19, 2024 12:18 PM
       security deposit return (by Ryan24 [MD]) Feb 19, 2024 12:23 PM
       security deposit return (by plenty [MO]) Feb 19, 2024 12:54 PM
       security deposit return (by tim [CA]) Feb 19, 2024 1:35 PM
       security deposit return (by Warren631 [PA]) Feb 19, 2024 2:20 PM
       security deposit return (by plenty [MO]) Feb 19, 2024 2:21 PM
       security deposit return (by Warren631 [PA]) Feb 19, 2024 2:22 PM
       security deposit return (by Just Tim [AR]) Feb 19, 2024 2:31 PM
       security deposit return (by DJ [VA]) Feb 19, 2024 2:34 PM
       security deposit return (by plenty [MO]) Feb 19, 2024 2:49 PM
       security deposit return (by Mapleaf18 [NY]) Feb 19, 2024 4:07 PM
       security deposit return (by Ray-N-Pa [PA]) Feb 19, 2024 4:41 PM
       security deposit return (by Warren631 [PA]) Feb 19, 2024 5:32 PM
       security deposit return (by Scott [IN]) Feb 19, 2024 7:34 PM
       security deposit return (by Scott [IN]) Feb 19, 2024 8:37 PM
       security deposit return (by plenty [MO]) Feb 19, 2024 8:43 PM
       security deposit return (by 6x6 [TN]) Feb 19, 2024 8:53 PM
       security deposit return (by Vee [OH]) Feb 19, 2024 10:09 PM

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security deposit return (by warren631 [PA]) Posted on: Feb 19, 2024 10:28 AM
Message:

What are your thoughts on this:

I approved a tenant application to start renting on 1st.

Tenant paid security by bank transfer to hold the property for him.

Tenant e-signed m-m lease.

I didn't e-sign until I got first month rent due by 1st.

I removed the Zillow listing and asked tenant for rent.

On 5th tenant wrote that he couldn't do a bank transfer.

About 9th I asked for rent again. He again wrote that he couldn't send it. Some kind of financial problems excuse.

On 10th I wrote that I need the rent to pay my bills and that I can't hold the property any longer and I will re-advertise it.

He said he couldn't send it because my bank routing number was wrong. I had sent him the correct routing and account numbers three times. I suspected a scam of some sort.

I found new tenant starting 15th who paid security and per diem rent, and we both signed the lease and tenant moved in.

Question: What to do with first tenant's security? Repay in full, repay minus 15 days lost rent, or repay minus lost rent and daily $30 late fees in lease I didn't sign? --71.60.xx.xxx




security deposit return (by Jason [VA]) Posted on: Feb 19, 2024 10:37 AM
Message:

In the future you should start using a holding agreement that outlines these what-ifs. If I was in your situation, I would keep the deposit and send his security deposit accounting stating that he failed to provide 30 day notice of cancellation and Id be fully prepared to have it challenged. --174.193.xx.xx




security deposit return (by Robin [WI]) Posted on: Feb 19, 2024 10:45 AM
Message:

My holding fee form states clearly that it is a FEE that will be applied to the security deposit when lease is signed and rent is paid.

It also states very clearly that if the lease is not signed and monies are not paid by X date at xx:xx time, the holding fee will be forfeit.

Laws in my state are pretty punitive for improperly withholding the security deposit. Ask yourself what a judge would do if you end up sued over this, and act accordingly. --104.230.xxx.xxx




security deposit return (by nicole [PA]) Posted on: Feb 19, 2024 10:55 AM
Message:

I agree that your paperwork is not the best. Also, in Pennsylvania, generally a magistrate will allow 10% late fee. I believe per diem fees, while not illegal, are not approved, even if in the lease. --98.237.xxx.xx




security deposit return (by Warren631 [PA]) Posted on: Feb 19, 2024 11:35 AM
Message:

If a lease is e-signed by tenant only, but not signed by landlord, is that still a legal document agreed to by tenant? My terms for the security deposit was agreed to by tenant? --71.60.xx.xxx




security deposit return (by RB [TN]) Posted on: Feb 19, 2024 11:38 AM
Message:

Screen x3.

Make a check list and stick to it.

This unqualified T shouldn't have made it

past your pre-qual process.

Next ! --69.130.xxx.xxx




security deposit return (by Warren631 [PA]) Posted on: Feb 19, 2024 11:44 AM
Message:

No per diem fees - it's a 'security deposit'. Per diem is the daily rent rate for less than one month. 10% late fee? That means a tenant can stay forever just paying 10%? --71.60.xx.xxx




security deposit return (by Warren631 [PA]) Posted on: Feb 19, 2024 11:47 AM
Message:

T was qualified and approved. Just didn't pay first months rent before moving in. --71.60.xx.xxx




security deposit return (by plenty [MO]) Posted on: Feb 19, 2024 12:18 PM
Message:

I assume they didn't move in cause you didn't give them the keys cause they didn't pay first month's rent ... And you have already rented the place. For me I would refund the entire security deposit the same way they paid it. Or write up a paper and mail it back to them dissolving the business. The best. Clean cut. Otherwise it will haunt you for a long time. --172.59.xxx.xx




security deposit return (by Ryan24 [MD]) Posted on: Feb 19, 2024 12:23 PM
Message:

You can add a clause to your application to take care of the holding fees but we get the deposit and first month's rent up front and in the lease it states that anything collected prior to move-in are holding fees will be lost if the tenant doesn't move in. You should keep the deposit because it is a holding fee for the property. And you had to go through the expense of re-advertising it, re-qualifying and re-renting the unit. --73.135.xx.xxx




security deposit return (by plenty [MO]) Posted on: Feb 19, 2024 12:54 PM
Message:

They called it a security deposit not a holding fee. Sign up for the convention and learn the difference. It's a day changer. --172.59.xxx.xxx




security deposit return (by tim [CA]) Posted on: Feb 19, 2024 1:35 PM
Message:

What did your tenant claim was the problem when they wrote you the first time?

Part of my screening requirements are that tenant must submit 3 months of bank statements. That way, I can see if they're barely getting by or have some savings to handle the rent. I can also see if their claimed income is accurate. --108.201.xx.xx




security deposit return (by Warren631 [PA]) Posted on: Feb 19, 2024 2:20 PM
Message:

plenty [MO]: first tenant said their move was delayed. Maybe till end of month.... I don't care when they move in but the rent was due 1st. Whatever they do after that I don't care. --71.60.xx.xxx




security deposit return (by plenty [MO]) Posted on: Feb 19, 2024 2:21 PM
Message:

So they didn't want to hold their position and pay a month and not live there. But the issue is you didn't sign the lease so I would not pay you either! --172.59.xxx.xxx




security deposit return (by Warren631 [PA]) Posted on: Feb 19, 2024 2:22 PM
Message:

Yep, get bank statements in PDF. Can't fool me then? --71.60.xx.xxx




security deposit return (by Just Tim [AR]) Posted on: Feb 19, 2024 2:31 PM
Message:

Since your agreement didn't address the consequences of the tenant failing to pay the first month's rent and take possession, I would deduct rent from the 1st through the 14th and refund any balance. --98.174.xxx.xxx




security deposit return (by DJ [VA]) Posted on: Feb 19, 2024 2:34 PM
Message:

I don't know how much money you are talking about, but that doesn't really matter.

I believe if I were in that situation - realizing after the fact that my documents do not clearly address the situation - I would return it.

I would consider it tuition for learning how to make better documents and processes. Tighten things up before your next vacancy.

See you at the Convention? --68.229.xxx.xxx




security deposit return (by plenty [MO]) Posted on: Feb 19, 2024 2:49 PM
Message:

Jim Tim .. the landlord didn't sign the lease so why should they pay! Return the entire security deposit or risk explaining it to the judge. Not worth my list of sleep. --172.59.xxx.xxx




security deposit return (by Mapleaf18 [NY]) Posted on: Feb 19, 2024 4:07 PM
Message:

PDFs can be easily altered. Just sayin' --172.59.xxx.x




security deposit return (by Ray-N-Pa [PA]) Posted on: Feb 19, 2024 4:41 PM
Message:

No rent - no keys.

How do you know they aren't going to clean out your account? --24.101.xxx.xxx




security deposit return (by Warren631 [PA]) Posted on: Feb 19, 2024 5:32 PM
Message:

Ray-N-Pa [PA]). clean out my account? WYF you talking about? --71.60.xx.xxx




security deposit return (by Scott [IN]) Posted on: Feb 19, 2024 7:34 PM
Message:

As said above, you should have taken a non-refundable holding fee instead of a security deposit. IMO, you are now obligated to comply with your state mandated process for withholding/returning an SD, even if you give the whole thing back. --107.141.xx.xxx




security deposit return (by Scott [IN]) Posted on: Feb 19, 2024 8:37 PM
Message:

It's been suggested that since you didn't give up the keys, sign the lease or receive the 1st month rent, a landlord-tenant relationship does not exist. That's reasonable, however, you keep referring to this person as "tenant", not applicant. Don't call him a tenant until he has legal possession of your property. If this is a scam, and he has any evidence that you call him "tenant", a judge might agree with you and create that relationship with a wave of his magic wand. I mean gavel. --107.141.xx.xxx




security deposit return (by plenty [MO]) Posted on: Feb 19, 2024 8:43 PM
Message:

Maybe you are the scammer. --172.59.xxx.xxx




security deposit return (by 6x6 [TN]) Posted on: Feb 19, 2024 8:53 PM
Message:

If you think this could be a scam, than would it stand to reason that they may pull back the bank transfer somehow?

Something doesn't make sense? --73.190.xxx.xxx




security deposit return (by Vee [OH]) Posted on: Feb 19, 2024 10:09 PM
Message:

My holding fee agreement states the funds can only become part of move-in money when rent is paid in full, declaration page of insurance is in the office where the lease is signed - max delay is 14 days from this time the holding fee is forfeited and attempted move-in is a failure - no keys issued, no refund of any kind. --184.59.xxx.xx



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