 Security Deposit (by Kevin (Jackson) [MS]) Jun 3, 2009 7:27 AM
 Security Deposit (by Gail K [GA]) Jun 3, 2009 8:05 AM
Security Deposit (by Patti [OK]) Jun 3, 2009 8:28 AM
Security Deposit (by Josh [CA]) Jun 3, 2009 9:31 AM
Security Deposit (by Josh [CA]) Jun 3, 2009 9:43 AM
Security Deposit (by Kevin [MS]) Jun 3, 2009 2:23 PM
Security Deposit (by Lumpers [MO]) Jun 3, 2009 4:01 PM
Security Deposit (by Kevin (Jackson) [MS]) Posted on: Jun 3, 2009 7:27 AM
Message:
State Specific Question About: MISSISSIPPI (MS)
I had a lady skip out on me during a holdover period. She sent a 30 day notice to vacate, but did not vacate until the middle of the following month. She had been late several times on rent during her tenancy without paying the late charges. Now she is coming back a year and a half later demanding her security deposit. What does the MS law say about this? Thanks for your assistance. --98.240.xx.xxx |
Security Deposit (by Gail K [GA]) Posted on: Jun 3, 2009 8:05 AM
Message:
The law say tough noogies to her unless you did something really dumb like not notifying her of the status of her security deposit within your states time requirements.
Gail --152.130.x.xxx |
Security Deposit (by Patti [OK]) Posted on: Jun 3, 2009 8:28 AM
Message:
In OK, the tenant has six months to inquire about the security deposit and you, the landlord have thirty days to give them an accounting of their deposit, but to wait a year and a half later and want their deposit back. NO WAY! --68.12.xxx.xxx |
Security Deposit (by Josh [CA]) Posted on: Jun 3, 2009 9:31 AM
Message:
Did you send her, or mail to the last known address which was your rental. A security deposit accounting within the however many days limit by Mississippi Law?
Or did you not do a written security deposit accounting and not try to mail it to her because the only address you had for her was your rental property? FYI you always mail to your property address if you have no forwarding address. Keep it un-opened with the date stamp for court if needed.
You may owe her the full security deposit back or double or triple that amount if you did not prepare or mail the SD accounting.
This varies from State to State.
Click on above link for State Laws. Click on Mississippi.
--209.240.xxx.xxx |
Security Deposit (by Josh [CA]) Posted on: Jun 3, 2009 9:43 AM
Message:
Snip from MS LL/TT law link above.
"health and safety.
Sec. 89-8-21. Security deposit
(1) Any payment or deposit of money, the primary function of which is to secure the performance of a rental agreement or any part of such an agreement, other than a payment or deposit, including an advance payment of rent, made to secure the execution of a rental agreement shall be governed by the provisions of this section.
(2) Any such payment or deposit of money shall be held by the landlord for the tenant who is a party to such agreement. The claim of a tenant to such payment or deposit shall be governed by the provisions of this section. The claim of a tenant to such payment or deposit shall be prior to the claim of any creditor of the landlord.
(3) The landlord, by written notice delivered to the tenant, may claim of such payment or deposit only such amounts as are reasonably necessary to remedy the tenant's defaults in the payment of rent, to repair damages to the premises caused by the tenant, exclusive of ordinary wear and tear, to clean such premises upon termination of the tenancy, or for other reasonable and necessary expenses incurred as the result of the tenant's default, if the payment or deposit is made for any or all of those specific purposes. The written notice by which the landlord claims all or any portion of such payment or deposit shall itemize the amounts claimed by such landlord. Any remaining portion of such payment or deposit shall be returned to the tenant no later than forty-five (45) days after the termination of his tenancy, the delivery of possession and demand by the tenant.
(4) The retention by a landlord or transferee of a payment or deposit or any portion thereof, in violation of this section and with absence of good faith, may subject the landlord or his transferee to damages not to exceed Two Hundred Dollars ($200.00) in addition to any actual damages."
--209.240.xxx.xxx |
Security Deposit (by Kevin [MS]) Posted on: Jun 3, 2009 2:23 PM
Message:
My property manager did not send anything because he had no way of contacting her. She skipped out. I read over the MS law link earlier but it wasn't very specific. Thanks for the replies. I will leave it in the hands of my property manager. --98.240.xx.xxx |
Security Deposit (by Lumpers [MO]) Posted on: Jun 3, 2009 4:01 PM
Message:
If she held over for half the month, that period is not rent free, even with her notice of intention to vacate. It would be a new month tenancy for the normal rent. If you did not mitigate damages by re-renting the unit for the remainder of the month, you are due the entire month rent from the security deposit. If she files a small claims case be sure to counterclaim for your rent, which is a lawful deduction from a sec. dep. --76.198.xxx.xxx |
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