Return sec deposit Fact
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Return sec deposit Fact (by Kevin [PA]) May 15, 2025 4:48 PM
       Return sec deposit Fact (by 6x6 [TN]) May 15, 2025 4:59 PM
       Return sec deposit Fact (by Kevin [PA]) May 15, 2025 6:02 PM
       Return sec deposit Fact (by plenty [MO]) May 15, 2025 6:22 PM
       Return sec deposit Fact (by Sparky [PA]) May 15, 2025 6:57 PM
       Return sec deposit Fact (by Kevin [PA]) May 15, 2025 7:31 PM
       Return sec deposit Fact (by 6x6 [TN]) May 15, 2025 7:35 PM
       Return sec deposit Fact (by Ken [NY]) May 15, 2025 9:32 PM
       Return sec deposit Fact (by Laura [MD]) May 15, 2025 11:44 PM
       Return sec deposit Fact (by Mapleaf18 [NY]) May 16, 2025 3:27 AM
       Return sec deposit Fact (by Bonanza [NC]) May 16, 2025 8:13 AM
       Return sec deposit Fact (by NE [PA]) May 16, 2025 8:16 AM
       Return sec deposit Fact (by Jim [CA]) May 16, 2025 9:27 AM
       Return sec deposit Fact (by Scott [IN]) May 16, 2025 10:31 AM
       Return sec deposit Fact (by Oregon Woodsmoke [ID]) May 16, 2025 11:23 AM
       Return sec deposit Fact (by WMH [NC]) May 16, 2025 12:51 PM
       Return sec deposit Fact (by Laura [MD]) May 16, 2025 6:29 PM
       Return sec deposit Fact (by Kevin [PA]) May 17, 2025 10:28 AM
       Return sec deposit Fact (by Laura [MD]) May 17, 2025 1:24 PM
       Return sec deposit Fact (by Laura [MD]) May 17, 2025 1:46 PM
       Return sec deposit Fact (by Laura [MD]) May 17, 2025 2:00 PM
       Return sec deposit Fact (by WMH [NC]) May 17, 2025 3:37 PM
       Return sec deposit Fact (by zero [IN]) May 17, 2025 4:44 PM
       Return sec deposit Fact (by WMH [NC]) May 17, 2025 7:55 PM
       Return sec deposit Fact (by zero [IN]) May 19, 2025 8:08 AM
       Return sec deposit Fact (by MC [PA]) May 20, 2025 6:35 AM
       Return sec deposit Fact (by Kevin [PA]) May 20, 2025 8:50 AM
       Return sec deposit Fact (by Kevin [PA]) May 20, 2025 8:50 AM
       Return sec deposit Fact (by Sparky [PA]) May 20, 2025 10:20 AM
       Return sec deposit Fact (by Nicole [PA]) May 21, 2025 9:45 AM
       Return sec deposit Fact (by NE [PA]) May 21, 2025 9:52 AM
       Return sec deposit Fact (by WMH [NC]) May 21, 2025 9:58 AM
       Return sec deposit Fact (by Kevin [PA]) May 21, 2025 11:14 AM
       Return sec deposit Fact (by MC [PA]) May 21, 2025 5:27 PM
       Return sec deposit Fact (by Sparky [PA]) May 22, 2025 8:20 PM
       Return sec deposit Fact (by mike [CA]) May 27, 2025 11:58 AM
       Return sec deposit Fact (by mike [CA]) May 27, 2025 12:13 PM
       Return sec deposit Fact (by plenty [MO]) May 27, 2025 12:34 PM

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Return sec deposit Fact (by Kevin [PA]) Posted on: May 15, 2025 4:48 PM
Message:

After 23 years LL'ing I learned that the 30 day clock for returning tenant's security deposit starts Either at lease termination or when the tenant surrenders the unit. former tenant has hired an attorney because I was 3 days late (according to him and his attorney) but I didn't receive notice of him vacating until after that. Just wanted to share something I learned so you don't make a mistake.

--98.237.xx.xx




Return sec deposit Fact (by 6x6 [TN]) Posted on: May 15, 2025 4:59 PM
Message:

Whichever is later or sooner? --73.19.xxx.xx




Return sec deposit Fact (by Kevin [PA]) Posted on: May 15, 2025 6:02 PM
Message:

Sooner --98.237.xx.xx




Return sec deposit Fact (by plenty [MO]) Posted on: May 15, 2025 6:22 PM
Message:

Yes when the unit is returned. --172.59.xxx.xxx




Return sec deposit Fact (by Sparky [PA]) Posted on: May 15, 2025 6:57 PM
Message:

When did tenant provide you with notice IN WRITING of his forwarding address?

This applies in PA, according to THE LANDLORD AND TENANT ACT OF 1951 under Section 512 regarding Recovery of Improperly Held Escrow Funds:

68 Pa. Stat. § 250.512(e)

Failure of the tenant to provide the landlord with his new address in writing upon termination of the lease or upon surrender and acceptance of the leasehold premises shall relieve the landlord from any liability under this section. --98.236.xxx.xx




Return sec deposit Fact (by Kevin [PA]) Posted on: May 15, 2025 7:31 PM
Message:

He emailed me on 3/24 with his fwd' address and left me know that he left the apartment on 3/17. My attorney said the clock would start on 3/24. --98.237.xx.xx




Return sec deposit Fact (by 6x6 [TN]) Posted on: May 15, 2025 7:35 PM
Message:

Thank you, Kevin. --73.19.xxx.xx




Return sec deposit Fact (by Ken [NY]) Posted on: May 15, 2025 9:32 PM
Message:

If he is suing you find a reason to counter sue him --38.248.xx.xx




Return sec deposit Fact (by Laura [MD]) Posted on: May 15, 2025 11:44 PM
Message:

Did he truly remove everything from the unit....if he left anything behind then he did not vacate the property. --173.69.xxx.xxx




Return sec deposit Fact (by Mapleaf18 [NY]) Posted on: May 16, 2025 3:27 AM
Message:

Could be worse-- could be 14 days to return the deposit, which is absolutely ridiculous.

--64.246.xxx.xx




Return sec deposit Fact (by Bonanza [NC]) Posted on: May 16, 2025 8:13 AM
Message:

I always felt the clock started when I got the keys back since in my mind that is relinquishing possession --174.245.xxx.xx




Return sec deposit Fact (by NE [PA]) Posted on: May 16, 2025 8:16 AM
Message:

Yes. My clock doesn’t start until they text me that they’re done. --24.152.xxx.xx




Return sec deposit Fact (by Jim [CA]) Posted on: May 16, 2025 9:27 AM
Message:

In California our clock starts when the property is returned. My tenants are $2900 a month flavor so midnight move outs are rare. I still keep in contact every other day and the to be sure I know when they are gone. We must offer a walk thru 2 week prior to move out so we have a good idea of damage if any and the cost. Most times my tenants tell me what broke and don’t try to lie about damage. 95% of the items are normal wear and tear. I don’t nickel and dime my tenants on repairs. --99.23.xxx.x




Return sec deposit Fact (by Scott [IN]) Posted on: May 16, 2025 10:31 AM
Message:

I have 45 days after tenant mails me a written forwarding address. --162.204.xxx.xxx




Return sec deposit Fact (by Oregon Woodsmoke [ID]) Posted on: May 16, 2025 11:23 AM
Message:

In the section about security deposits my lease says that the account is returned with in 30 days and the 30 day count does not start until two things have happened. The tenant notifies the landlord that he is out and the unit has been returned to the landlord and all of the tenant's possessions have been removed from the property. --76.178.xxx.xxx




Return sec deposit Fact (by WMH [NC]) Posted on: May 16, 2025 12:51 PM
Message:

If a tenant has paid the full last month's rent, in my mind they have access to the place until the last day of the month, whether or not they have their couch moved out early. --173.28.xx.xxx




Return sec deposit Fact (by Laura [MD]) Posted on: May 16, 2025 6:29 PM
Message:

Also, my lease has a date when the lease ends. I assume if they pay the entire month rent which they are obligated to the lease does not end until the last day of the month which is outlined in my lease.

I’ve had lots of folks leave in the middle of the month, but they pay the last month‘s rent and my 45 days don’t begin until the last day of the month --172.58.xxx.xxx




Return sec deposit Fact (by Kevin [PA]) Posted on: May 17, 2025 10:28 AM
Message:

FYI. The purpose of my post was a learning tool. Based on some of the comments some of you were under my assumption about when "the clock starts". So my advice is to really read your states Landlord Tenant Act. Here is PA; Section 512 states that its either 30 days from the last tenancy OR when the tenant surrenders the unit. Big difference. And it doesn't matter hill of beans what your lease states. You need to follow your state's ACT. Happy Landlording. --98.237.xx.xx




Return sec deposit Fact (by Laura [MD]) Posted on: May 17, 2025 1:24 PM
Message:

In my state Maryland it does matter "a hill of beans" what the lease says. Otherwise if a tenant could just send notice (for X days) what point does a lease matter. Tenancy is over when the lease says it is over, UNLESS there is an early termination situation...which requires more than tenant giving "regular" notice.

Also notice must correspond with the rent cycle... so 60 days notce given in the middle of the month, would not take effect 60 days later, but 60+ until the end of the rent cycle.

The notice must correspond with the rent payment cycle; for example, a sixty-day notice (before the rent due date of April 1) would expire May 31st. Similarly, a sixty-day notice given by a landlord on April 2nd (after the rent due date) would not expire until June 30th.

Also FYI I have had tenants move out before the lease ends, they told me they were moving out. I have then taken them to court (multiple cases) and won rent for the period between when they moved out and my lease end date. Of course i had to "mitigate" my damages by attempting to rent the place, but tenant was responsible for the rent until the LEASE termination date (unless they met special requirements for early lease termination). --173.69.xxx.xxx




Return sec deposit Fact (by Laura [MD]) Posted on: May 17, 2025 1:46 PM
Message:

Return of the Deposit to Tenant; Interest

The landlord must, within 45 days after the end of the rental period, return to the tenant the security deposit minus any amount which the landlord may rightfully keep. Simple interest of the greater of the US Treasury yield curve rate or 1.5% per year must be paid on security deposits of $50 or more and must accrue each month from the day the security deposit was given, after the security deposit has been held for 6 months. A security deposit calculator is available at the website of the Department of Housing & Community Development.

Interest is not compounded.

If the landlord, without a reasonable basis, fails to return any part of the security deposit within 45 days after the end of the rental period, the landlord may be liable to the tenant for three times the withheld amount, plus reasonable attorney’s fees.

Read the Law: Md. Code, Real Property § 8-203

--173.69.xxx.xxx




Return sec deposit Fact (by Laura [MD]) Posted on: May 17, 2025 2:00 PM
Message:

Looks like PA security deposit laws were recently updated. --173.69.xxx.xxx




Return sec deposit Fact (by WMH [NC]) Posted on: May 17, 2025 3:37 PM
Message:

Thanks for telling us this, but thankfully NC still follows its original laws regarding SD: 30 days to return after termination of tenancy (notice of which must be given 30 days prior to the end of the tenancy year if an annual lease, or according to the lease terms (ours require 60 days.))

So if a tenant gave me proper notice to leave, ending their annual lease at the end of the actual lease, then moved out a few days early and texted me that they were gone - the clock still starts at the end of the tenancy which is the date on the lease.

I have 30 days to get them an accounting and/or refund. If I can't get it finalized by then, I send an interim accounting with a final due within 60 days total. --173.28.xx.xxx




Return sec deposit Fact (by zero [IN]) Posted on: May 17, 2025 4:44 PM
Message:

For those of you that are required to collect and pay interest on SD I have a couple questions.

Do you get a better rate because it is a SD savings account? My CU has its savings rate at .25% but I see above they require 1.5% in MD.

How do you make the difference? Do you put it in a money market account instead? Something with more risk and possibly penalties for early withdrawal?

If you keep part of the SD due to damages do you still give the interest only on what you have given back?

Are you allowed to charge for your time in dealing with this zero sum accounting?

--107.147.xx.xx




Return sec deposit Fact (by WMH [NC]) Posted on: May 17, 2025 7:55 PM
Message:

Zero, I've always wondered that - I remember some state requiring 5% when banks were essentially paying negative interest. I guess the goal is to force a Landlord into foregoing a deposit because it's not worth the hassle? --173.28.xx.xxx




Return sec deposit Fact (by zero [IN]) Posted on: May 19, 2025 8:08 AM
Message:

Sounds like a reason to start all the add-on fees. --107.147.xx.xx




Return sec deposit Fact (by MC [PA]) Posted on: May 20, 2025 6:35 AM
Message:

Does he not have the unit the end of the month? --73.230.xxx.xx




Return sec deposit Fact (by Kevin [PA]) Posted on: May 20, 2025 8:50 AM
Message:

@MC. He paid for it thru March but "surrendered" the unit on 3/17 so thats when the 30 day clock starts here in PA. --98.237.xx.xx




Return sec deposit Fact (by Kevin [PA]) Posted on: May 20, 2025 8:50 AM
Message:

@MC. He paid for it thru March but "surrendered" the unit on 3/17 so thats when the 30 day clock starts here in PA. --98.237.xx.xx




Return sec deposit Fact (by Sparky [PA]) Posted on: May 20, 2025 10:20 AM
Message:

On what date did you mail the letter? --98.236.xxx.xx




Return sec deposit Fact (by Nicole [PA]) Posted on: May 21, 2025 9:45 AM
Message:

Kevin, I'm not looking up the law or the clause in my lease but in my MANY years of landlording in Pennsylvania, a full 30 days is what is used in the counties I've been in. In other words, if your lease runs 1st through 30/31, they paid the full rent and they move out on the 5th, they don't get a proration of the month. If they actually leave on the 5th, that's on them. It has ALWAYS been that way in my counties.

However, it seems you are saying the actual law says if they give 30 days notice but leave after 10 days you owe them the balance of the month. I don't know but that is very disturbing. i'm going to have to think on this one. --98.237.xxx.xx




Return sec deposit Fact (by NE [PA]) Posted on: May 21, 2025 9:52 AM
Message:

I would say you may owe a tenant who leaves on the 10th and you re-rent it on the 11th. At that point, you’re collecting double rent. I don’t care about that either way personally, but I could see a judge siding with a departing tenant that you kept rent that you possibly shouldn’t have. Early termination fee, totally diffferent. --24.152.xxx.xx




Return sec deposit Fact (by WMH [NC]) Posted on: May 21, 2025 9:58 AM
Message:

I thought was SD clock not rent? --173.28.xx.xxx




Return sec deposit Fact (by Kevin [PA]) Posted on: May 21, 2025 11:14 AM
Message:

@WMH. Exactly. they aren't reading. --98.237.xx.xx




Return sec deposit Fact (by MC [PA]) Posted on: May 21, 2025 5:27 PM
Message:

He surrendered early, not on you. Not sure why it doesn't start on the 1st for the clock.

Yes. If rented during the surrendered time, I can see prorating but otherwise too bad. --73.230.xxx.xx




Return sec deposit Fact (by Sparky [PA]) Posted on: May 22, 2025 8:20 PM
Message:

Your truncated version of 68 P.S. § 250.512(a) contains a material omission. It's not simply "at lease termination or when the tenant surrenders the unit". The Statute says: "within thirty days of termination of a lease or upon surrender and acceptance of the leasehold premises ..." While I don't believe there was any ACCEPTANCE OF THE LEASEHOLD PREMISES on 3/17, that appears to be the assertion your tenant's attorney is making, so you are in luck. 68 Pa. Stat. § 250.512(e) provides that failure of the tenant to provide the landlord with his new address in writing upon termination of the lease or upon surrender and acceptance of the leasehold premises shall relieve the landlord from any liability under this section. Tenant failed to provide you with his new address in writing on 3/17, which he claims is the date of surrender and acceptance of the leasehold premises. Therefore you are relieved from any liability under 68 P.S. § 250.512. Your own attorney gave you the correct date for when you should consider the clock to start - 3/24. You should listen to your own attorney, rather than some - probably pro bono legal aid attorney - who has been engaged by a disgruntled tenant to write a fear-mongering demand letter. --98.236.xxx.xx




Return sec deposit Fact (by mike [CA]) Posted on: May 27, 2025 11:58 AM
Message:

the move out process in CA is pretty clear for the majority of cases. the tenant gives notice, 30/60/whatever, and you acknowledge that with a memo as to their right to a pre-move inspection and your own move-out practices. we are required by law to advise them they have a right to a pre-move inspecto which must occur during the last two weeks so they can fix what we deem as broken or damaged so as to avoid deductions from deposits. my inbound paperwork is clear that the tenancy is terminated when they sign a notice of return of possession and give me keys and controllers. unlike robert j i do not strangle their cat on the way out or brandish a weapon ;) (i'm teasing robert) i use the following which you are free to use as y'all see fit for your trade area:

All persons residing at the property have vacated and we hereby return possession to the owner/landlord. No persons besides those signing below have or claim residency at the property.

We have removed all personal property of value.

All debris, material and personal property, if any, remaining at the property is abandoned and valueless and may be disposed of, donated or given away without any further notice, per the terms of the lease and as the landlord see's fit.

We timely received the landlords move out memo regarding pre-moving inspections, inspection remarks if we elected an inspection, and the disposition of our security deposit as required by the civil code section 1950.5

The property is now entirely vacated. Possession is returned to the landlord.

The mailing address for purposes of the deposit accounting and correspondence is: --76.176.xxx.xxx




Return sec deposit Fact (by mike [CA]) Posted on: May 27, 2025 12:13 PM
Message:

for those who are OCD i use a USPS form 3817 certificate of mailing form for the deposit accounting and refund, if any. the local courts accept them like a certified and they're cheaper. we have 3 weeks here in CA to account for the deposit AND mail it. the 3817 is my proof of compliance --76.176.xxx.xxx




Return sec deposit Fact (by plenty [MO]) Posted on: May 27, 2025 12:34 PM
Message:

I also use form 3817, proof of mailing as my state requires only proof of mailing. Yes I've used it in Court and it was upheld despite the tenant pleading "but judge I never received..." Does not matter I have proof of mailing --172.59.xxx.xxx



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