 deposit (by allen [OR]) Nov 25, 2008 10:22 AM
 deposit (by Red [GA]) Nov 25, 2008 10:27 AM
deposit (by MrRational [MD]) Nov 25, 2008 10:32 AM
deposit (by sid [MO]) Nov 25, 2008 10:38 AM
deposit (by MrRational [MD]) Nov 25, 2008 10:40 AM
deposit (by OrEGone [OR]) Nov 25, 2008 12:33 PM
deposit (by dl [OR]) Nov 25, 2008 1:01 PM
deposit (by ManateeAlley [FL]) Nov 25, 2008 5:22 PM
deposit (by Hamlet [GA]) Nov 26, 2008 6:20 PM
deposit (by allen [OR]) Posted on: Nov 25, 2008 10:22 AM
Message:
State Specific Question About: OREGON (OR)
My tenant has vacated but is holding my keys and gagage door openers until I give him back his deposit.He is expecting trouble because he violated a verbal agreement to stay for six months.He gave me 30 days notice and now 3 weeks later he is wanting to do a walk through and get his deposit back. I have no problem giving it back minus damage to hard wood floors and a kennel by his dog. I also want to be sure that all the utility bills are paid up.Should I ask that the keys and garage door opener be returned before I proceed with the walk through? Can I change the locks and take it out of the deposit? what should I do? --67.42.xxx.xx |
deposit (by Red [GA]) Posted on: Nov 25, 2008 10:27 AM
Message:
Is his rent current? --65.12.xxx.xxx |
deposit (by MrRational [MD]) Posted on: Nov 25, 2008 10:32 AM
Message:
Absolutely call the utility companies.
Elsewise... the SD gets paid AFTER he vacates, returns his copy of the keys, and you have had time to assess (any) damage (including unpaid utility bills)in an orderly manner.
BUT! the verbal six month thing carries no weight so go ahead and tell him this NOW so he doesn't have to worry about being gigged for that and everything else should play out in an orderly way. --96.244.xx.xxx |
deposit (by sid [MO]) Posted on: Nov 25, 2008 10:38 AM
Message:
No keys = no deposit refund. Or else change locks and bill that against his deposit along with other damages. Here's how your phone conversation should go:
You: Hi Mr. Tenant, I'm going over to the property to do the walk thru. I need all keys and garage door openers left on the counter prior to my arrival.
Ex-Ten: Well I ain't gonna leave no keys until I get my deposit back!
You: Ok, if that is your choice, I will send my locksmith over immediately. He will change the locks and disconnect the garage opener and lock the door. You will be billed $xxx for the lock change and the remainder of your deposit will be used to pay for a new garage door opener unless I receive the remote within 24 hours.
Ex-ten: Uh, ummm,...(maybe a few cuss words)
You: Have a nice day, (click). --204.80.xxx.xx |
deposit (by MrRational [MD]) Posted on: Nov 25, 2008 10:40 AM
Message:
I re-read the OP. If the tenant has vacated why aren't you already in the unit?
Everything else said is valid but I'd say you could gig him for the 3 weeks of nonsense. --96.244.xx.xxx |
deposit (by OrEGone [OR]) Posted on: Nov 25, 2008 12:33 PM
Message:
The ball is in your court. I don't care about the keys and openers. That is just less money he gets back.
You have 30 days after move out to return the deposit and/or a final accounting statement.
It is more the point of things at this time. You basically have possession. You can easily change the locks, that is no issue. Not having the door openers could be costly.
I would consider filing an eviction. If he hasn't turned over keys, he still has possession. An eviction will be on his record even if you don't go to court. The filing shows up too.
You're not going to get any future rent out of the guy, face that fact.
You can keep the rent to the end of the 30 days. Keep the damages. Subtract for the new door locks, GD openers and the damages. Send him your final accounting added up and see where he goes from there.
--24.21.xx.xxx |
deposit (by dl [OR]) Posted on: Nov 25, 2008 1:01 PM
Message:
I'm hijacking -- sorry, but I've got a related question.
Garage door opener aside, I don't care if I get the keys back or not. (That said, I always have.)
The first thing I do when I get possession is remove the door knobs, take them down the street to get them re-keyed & put the knobs back on. Usually I throw away the old keys so I don't end up with a bunch of keys that don't open anything. I consider this (re-keying) a cost of doing business. Am I missing something?
In this case, I'd probably re-key the locks, disconnect the garage door from the opener & bill the deposit for a new opener. When I was done with the itemization, I'd probably give a courtesy phone call (if I liked the tenant) and explain the charge & give him an opportunity to return the garage door opener before I mailed out the balance of the deposit. --67.168.xxx.xx |
deposit (by ManateeAlley [FL]) Posted on: Nov 25, 2008 5:22 PM
Message:
Don't you have your tenants sign and initial a written rental agreement, where you notate any additional stipulation and have the tenant acknowledge his consent by initialing the item? / Also you should have a written inventory of the units contents and tenants signature acknowledging responsibility for same. --71.206.xx.xx |
deposit (by Hamlet [GA]) Posted on: Nov 26, 2008 6:20 PM
Message:
How would you enforce a verbal agreement that was supposed to be binding for longer than 30 days. If there is no written lease, that would make him a tenant-at-will. He gave you 30 days' notice and that would be all that was required of him as a tenant-at-will.
Since you didn't have a written lease, I am going to assume that you didn't have a (written) move-in inspection, either. If that is the case, you will be hard pressed to withhold anything for damages that you can't prove happened after the tenant moved in.
You should proceed carefully here. Next time, put any agreements in writing. --68.219.xxx.xx |
Reply:
|
|