forfeit security deposit
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forfeit security deposit (by cj [PA]) Feb 24, 2012 6:41 AM
       forfeit security deposit (by Jeff [CO]) Feb 24, 2012 6:45 AM
       forfeit security deposit (by CJ [PA]) Feb 24, 2012 7:02 AM
       forfeit security deposit (by Jeff [CO]) Feb 24, 2012 7:48 AM
       forfeit security deposit (by cj [PA]) Feb 24, 2012 7:55 AM
       forfeit security deposit (by Jeff [CO]) Feb 24, 2012 8:04 AM
       forfeit security deposit (by rick [NJ]) Feb 24, 2012 8:19 AM
       forfeit security deposit (by in [IN]) Feb 24, 2012 8:27 AM
       forfeit security deposit (by Jeff [CO]) Feb 24, 2012 9:24 AM
       forfeit security deposit (by BillS [CO]) Feb 24, 2012 9:49 AM
       forfeit security deposit (by Moshe [CA]) Feb 24, 2012 10:02 AM
       forfeit security deposit (by Mike45 [NV]) Feb 24, 2012 11:17 AM
       forfeit security deposit (by Virden [OH]) Feb 24, 2012 7:18 PM
       forfeit security deposit (by proofstyle [PA]) Feb 25, 2012 3:13 AM
       forfeit security deposit (by cj [PA]) Feb 25, 2012 5:10 AM
       forfeit security deposit (by Moshe [CA]) Feb 25, 2012 11:11 AM
       forfeit security deposit (by kirstan [WA]) Mar 8, 2013 2:17 AM
       forfeit security deposit (by Ellen [ME]) Mar 8, 2013 7:45 AM
       forfeit security deposit (by Steve [WA]) Mar 8, 2013 9:22 AM


forfeit security deposit (by cj [PA]) Posted on: Feb 24, 2012 6:41 AM
Message:

Does anyone know the legality of writing a line in the lease regarding the security deposit that if the lease is broken or tenant is evicted that the tenant forfeits the security deposit?

--174.59.xxx.xxx




forfeit security deposit (by Jeff [CO]) Posted on: Feb 24, 2012 6:45 AM
Message:

I always specify that the security deposit cannot be used as rent payment BY THE TENANT.

If you don't specify that part, a tenant could break his lease or be evicted and you might have to return his security deposit if he left the place in great shape. --174.47.xxx.x




forfeit security deposit (by CJ [PA]) Posted on: Feb 24, 2012 7:02 AM
Message:

no, I meant can I write in the lease that I keep the full sec dep if the tenant gets evicted or breaks the lease for any reason? So that I don't have to go back to court to get any money they owe me that I could have taken out of the sec dep for when they overstay into the next month after the court eviction date.

For instance, my tenant has been evicted, but the earliest he can be out is 3/16 when the lock out date is set. But according to the judge I can't take out of the sec dep for the month of march even though the tenant will still be in the apt. --174.59.xxx.xxx




forfeit security deposit (by Jeff [CO]) Posted on: Feb 24, 2012 7:48 AM
Message:

If you're speaking hypothetically, I'd check with your lawyer.

If this is happening now you can't re-write the lease. --174.47.xxx.x




forfeit security deposit (by cj [PA]) Posted on: Feb 24, 2012 7:55 AM
Message:

no, this would be for future leases. --174.59.xxx.xxx




forfeit security deposit (by Jeff [CO]) Posted on: Feb 24, 2012 8:04 AM
Message:

I don't know why it wouldn't be legal. Every state is potentially different. If you can't come up with the right expression I'd check with your lawyer. --174.47.xxx.x




forfeit security deposit (by rick [NJ]) Posted on: Feb 24, 2012 8:19 AM
Message:

A residential tenant cannot waive any rights granted under state statute/case law So a tenant can never forfeit a security deposit, the landlord Must adhere to their states laws on what deductions may be taken against a tenantís security deposit, you cannot subvert your state laws on security deposit accounting/deductions etc.

Hence PA law on security deposit accounting /deductions cannot be alter in any way by your lease, so if the judge ruled a certain way on what is allowed to be deducted thatís the law, your lease cannot change statute/case law. --68.38.xxx.xx




forfeit security deposit (by in [IN]) Posted on: Feb 24, 2012 8:27 AM
Message:

No it would limit your liability.and State law say you have to send them an accounting of the damages. --98.253.xxx.xxx




forfeit security deposit (by Jeff [CO]) Posted on: Feb 24, 2012 9:24 AM
Message:

It all comes down to the law. What is the statute in your state? --174.47.xxx.x




forfeit security deposit (by BillS [CO]) Posted on: Feb 24, 2012 9:49 AM
Message:

Add an early terimination fee statement to your lease. Make it more than the security deposit. That fee becomes part of money owed and I can't see why you could not use the security deposit to off set those costs. --75.160.xxx.xxx




forfeit security deposit (by Moshe [CA]) Posted on: Feb 24, 2012 10:02 AM
Message:

"I don't know why it wouldn't be legal. "

Because it isn't. Security Deposit may be used to cover unpaid rent. But once the judge has ordered that the tenancy be terminated, the tenant doesn't owe rent. He may still owe you money, but that's called "damages", and it usually requires a further lawsuit to compel payment.

In most states, eviction is a summary procedure, given a court priority because of the urgency of the landlord's need to get the property back to income-producing status. Because of the priority, usually the proceeding is limited to issues of possession and immediately apparent rent.

What about having to return security deposit, while there would evidently be further claim from landlord? In most states, its not legal to withhold it, but to those that feel confident in their ability in court, I advocate making a statement of SD disposition that states that the remainder of the money is being held against the following further claim of landlord, and is being held FOR tenant at _____ rate of interest pending resolution of small claims action #_____. Its for the most part against the law, but it has a clear and fair purpose, and a confident landlord can try to reason with the judge.

--98.112.xxx.xxx




forfeit security deposit (by Mike45 [NV]) Posted on: Feb 24, 2012 11:17 AM
Message:

"The law abhors a forfeiture" is a maxim of equity. You might be able to craft a liquidated damage provision that accomplishes what you seek, but NEVER use the word forfeiture in your lease if you ant it upheld. --71.49.xxx.xxx




forfeit security deposit (by Virden [OH]) Posted on: Feb 24, 2012 7:18 PM
Message:

I would not refund based on over 15 days, once you are past the halfway point it is too late, this also applies in horseshoes, downhill skiing and hand grenades. --99.128.xx.xx




forfeit security deposit (by proofstyle [PA]) Posted on: Feb 25, 2012 3:13 AM
Message:

Some other ideas that are acceptable in PA:

Loss of concessions. Tenant has been paying at the discounted rate for a 12-mo lease in good standing. Breach of the lease invalidates the concession agreement. Rent owed is recalculated based on the non-discounted MTM rate.

Time the whole process to your advantage. Court hearing to set out of the tenants is a minimum 22 days. For set out by month's end you want the hearing at the beginning of the month - the first Monday is ideal. That month's rent is already owed at the hearing. --68.83.xxx.xx




forfeit security deposit (by cj [PA]) Posted on: Feb 25, 2012 5:10 AM
Message:

proofstyle:

I filed on 2/10, hearing was on 2/23, so 13 days for this one. I think the number of days all depends on how busy the court is. I would hate to wait an extra week or two just to have the hearing at the beginning of the next month considering it takes an additional 11 days to get the lockout and another 10 or 11 for the actual lockout.

I'm just trying to find a lease workaround so that I can keep the full sec dep if there is an overstay into the next month w/out having to go back to court. This is if there are no damages.

Early Termination fee sounds like a good idea, but could it be worded so that I can automatically deduct from the sec dep that way there is no sec dep to give back no matter what? --174.59.xxx.xxx




forfeit security deposit (by Moshe [CA]) Posted on: Feb 25, 2012 11:11 AM
Message:

cj,

While you are looking so hard for a "trick" that will allow you to keep the deposit, I would suggest that you consider the problem from a more fundamental point of view: What does PA law do about security deposits.

Even if you find a trick way of wording something, what judges do for their salary is to find ways to deny claims that they don't want to grant. A good judge will be very good at it.

I would expect that PA judges have a way of dealing with SDs that is beyond any trick wording. And, if you try to outsmart them, well, you are welcome to try, at your own risk. But if they don't want SDs to be forfeited, there is no way for you to get to keep it.

--98.112.xxx.xxx




forfeit security deposit (by kirstan [WA]) Posted on: Mar 8, 2013 2:17 AM
Message:

is it legal for the landlord to put in a month to month agreement that if you move before a year you forfeit the deposit --71.59.xxx.xxx




forfeit security deposit (by Ellen [ME]) Posted on: Mar 8, 2013 7:45 AM
Message:

This is going to be state specific. You will need to check your state statutes. In Maine it would not be legal. No fees or penalties for early termination are allowed. Might as well have a MTM lease. The one year lease has no teeth. --64.222.xxx.xx




forfeit security deposit (by Steve [WA]) Posted on: Mar 8, 2013 9:22 AM
Message:

Kirstan - no. That would border on lease, not mtm. --24.113.xx.xxx





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