keeping deposit
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keeping deposit (by Lisa [WV]) Dec 27, 2007 10:57 AM
       keeping deposit (by JJ [OR]) Dec 27, 2007 11:24 AM
       keeping deposit (by myob [GA]) Dec 27, 2007 11:45 AM
       keeping deposit (by RR [WA]) Dec 27, 2007 11:46 AM
       keeping deposit (by RR [WA]) Dec 27, 2007 11:47 AM
       keeping deposit (by myob [GA]) Dec 27, 2007 12:05 PM
       keeping deposit (by JJ [OR]) Dec 27, 2007 12:37 PM
       keeping deposit (by BRAD_IN [IN]) Dec 27, 2007 9:48 PM

keeping deposit (by Lisa [WV]) Posted on: Dec 27, 2007 10:57 AM

State Specific Question About: WEST VIRGINIA (WV)

Is is legal to specify in a month to month lease, that some of the deposit will be kept, if there are cockroaches when the tennant leaves? Thanks Lisa

Also, when I look for West Virginia laws, all I can find are laws that protect the tennant (fair-housing stuff). Does anyone know of any sites that speak specifically to laws that land lords must follow?

We got into a situation with our last tennant where she wasn't feeding her dog. My husband ended up feeding the dog everyday so it wouldn't starve. Are these reason that can be listed as reasons someone would be evicted? --69.43.x.xx

keeping deposit (by JJ [OR]) Posted on: Dec 27, 2007 11:24 AM

Not sure about animal neglect issue.

Extermination fees in lease - maybe you could include that with a list of other typical move-out expenses, ie, a list of typical cleaning costs ("oven: $25, fridge: $20," etc) and list of typical repair costs ("hole in wall: $30" or whatever). Check your state laws. In Oregon we can only charge for actual time/materials needed, not flat rates, so I'm planning to just include a list like that and say it's an list of estimated costs from typical repair/cleaning required.

keeping deposit (by myob [GA]) Posted on: Dec 27, 2007 11:45 AM

Lisa what you all smokin in WV. your husband was feeding the dog-- whats wrong with this picture. call the aspca or animal control-- they will do more for the dog then if it were a family member. they would probably lock them up for crulity to animals.

About roachs or rodents: this is not normal wear and tear. Call the exterminator but be careful because it may take 2 or 3 visits to clear the problem so don't be to quick to send back the DEP. Send a bill with the damages and leave it open that a second treatment may be necessary. first visit may be $65 and second only $45 for follow up. most states allow for 30 days before the DEP needs to be sent back but you must send an estimate of damages in 3 to 5 days of the home being vacant.

keeping deposit (by RR [WA]) Posted on: Dec 27, 2007 11:46 AM

question 1

I would definitely include a lease addendum with estimated move out expenses as JJ recommends. It's great to start that paper trail early so the poor tenant can't claim ignorance in front of the judge. The more things you can do the bolster your case, the better.

However, at the end of the day, you are in charge, the tenant is likely to be unhappy with any deposit deductions, but it most likely will NOT end up in court anyway. It's sort of the ongoing war between tenants and landlords. Landlords are in charge, but the LL has a huge responsibility to do the Right Thing, both as a business owner and as a part of the structure of a tenant's life. ie: the tenants are looking up to do, in a sense.

question 2

this site has some info, click landlord/tenant state laws above. Tenant laws and landlord laws go hand in hand. Also, check out the book by Nolo called Every Landlords Legal Guide, it has some good state-specific info.

question 3

I think it would be very hard to evict for this. You'd probably have better luck turning it over to ASPCA or some government entity, who could generate an official report/case against the tenants, and then you could evict based on that per terms of your lease re illegal activities. Or, just use M2M and terminate the tenancy without a reason.

keeping deposit (by RR [WA]) Posted on: Dec 27, 2007 11:47 AM

that should have said:

the tenants are looking up to YOU, in a sense

keeping deposit (by myob [GA]) Posted on: Dec 27, 2007 12:05 PM

JJ is that you in OR-- how'd you like my MC&F's list?

should be something there you can work with.

keeping deposit (by JJ [OR]) Posted on: Dec 27, 2007 12:37 PM

MYOB (GA) Great timing, exactly on-topic! It's perfect, I really appreciated it.

keeping deposit (by BRAD_IN [IN]) Posted on: Dec 27, 2007 9:48 PM

Combat gel from Walmart. Kills the roaches for $6.79 and a little labor.

I tell tenants "Roaches are like flies, they are everywhere. What matters is 'are you controlling them?' We use screens to control flies. Use gel for roaches."

BTW-even clean houses can have roaches. They eat dog food, the grease under the stove, the tiny crumbs that fall under the refrigerator, wallpaper paste, and each other.

Just treat the house befoer the numbers get bigger by the day. Charge the tenant $50 for your time.

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