Tenant moveout (by Tony [OR]) May 31, 2013 7:26 PM
Tenant moveout (by OPM [OR]) May 31, 2013 7:45 PM
Tenant moveout (by Tony [OR]) May 31, 2013 7:57 PM
Tenant moveout (by BRAD 20,000 [IN]) May 31, 2013 9:00 PM
Tenant moveout (by S i d [MO]) Jun 1, 2013 3:47 AM
Tenant moveout (by Ken [NY]) Jun 1, 2013 8:38 AM
Tenant moveout (by Tony [OR]) Jun 1, 2013 9:54 AM
Tenant moveout (by BRAD 20,000 [IN]) Jun 1, 2013 4:37 PM
Tenant moveout (by Tony [OR]) Posted on: May 31, 2013 7:26 PM Message:
I would appreciate some advice. I have a tenant who is choosing to break her 1 year lease. She gave me 30 days notice and sent a check already for her last month (June). However, she sent me an email that she wants to use her security deposit to pay the lease break fee. The fee would equal the whole deposit. However, I don't believe that is the legally correct or best use for the deposit. Additionally, I am apprehensive as well to use the deposit since I don't know the amount of cleaning, repair, painting and if utilities may not be paid for the unit. I would like this to be an amicable departure, but I am not sure the best way to approach this so I don't lose money on this or not follow the law.
--98.246.xx.xxx |
Tenant moveout (by OPM [OR]) Posted on: May 31, 2013 7:45 PM Message:
Hi Tony.. and excellent question...
and a good opportunity to learn the Or.. statutes...
here is the info
Security deposit: This cannot be rent under, Oregon statute 90.100. 33 & 37
Security deposit is a refundable payment of money, the function of which is to secure the
performance of a rental agreement or any part of a rental agreement including a pet/s. on application.
“Rent” does not include security deposits, fees or utility or service charges as described in ORS 90.315 (4) and 90.532.
Last month’s rent: Prepaid rent: means any payment of money to the landlord for a rent obligation not yet due. Ors. 90.100.31
So you see they are two differnt items and are exclusive of each other..
Now she is saying.. i won't pay last month.. that is a breach...
This is why you always use a month to month and always get the last months rent.. even in payments.. --66.190.xxx.x |
Tenant moveout (by Tony [OR]) Posted on: May 31, 2013 7:57 PM Message:
Thank you so much for the detailed response. The tenant is actually paid up in rent through the month of June but I am not sure about the best way to explain to her that her security deposit cannot be used to pay the lease break fee.
--98.246.xx.xxx |
Tenant moveout (by BRAD 20,000 [IN]) Posted on: May 31, 2013 9:00 PM Message:
Tony,
The deposit is your SECURITY that she will leave the home clean and undamaged.
You can apply any deposit fudns AFTER move out to costs and her ELT.
So you feel more comfortable, call her and do a walk thru. That will tell you a lot!
At that time, I have the res sign the AGREEMENT form I passed out at Convention, stating they agree the fee is owed.
If she skips I can simply give this to the judge. --67.175.xx.xxx |
Tenant moveout (by S i d [MO]) Posted on: Jun 1, 2013 3:47 AM Message:
"I am not sure about the best way to explain to her that her security deposit cannot be used to pay the lease break fee."
Let me help you with that...
"I'm sorry Mrs. Soon-to-be-ex-tenant, but the security deposit cannot be used to pay the lease break fee."
Repeat as often as necessary until it sinks in.
Be sure to update your lease if it doesn't already have language to that effect, but you're solid even if it doesn't. Spelling it out in the lease might help future tenants avoid trying this, or not. I've had it in my lease for over 5 years and they still whine about the ETF.
Brad 20K is the only person I've ever known whose tenants gleefully fork it over with no muss, no fuss. I think he uses some kind of magic fairy dust to charm his tennis. :-) j/k Brad...I wish I knew how yours were soooo agreeable. Mine are not. --108.250.xxx.xxx |
Tenant moveout (by Ken [NY]) Posted on: Jun 1, 2013 8:38 AM Message:
The easiest way to explain it to her is an eviction notice on Monday,she will call you all upset and will finally listen when you explain it to her.My tenants won't willingly pay an ELT either,if Brad can bottle his fairy dust I will put in an order for a case. --72.224.xx.x |
Tenant moveout (by Tony [OR]) Posted on: Jun 1, 2013 9:54 AM Message:
Brad 20K,
Is there somewhere on this forum that I could access the agreement that you passed out at convention?
This newbie plans on attending the convention next year but would appreciate seeing the agreement now if possible.
Thank you to EVERYONE for their expertise! --98.246.xx.xxx |
Tenant moveout (by BRAD 20,000 [IN]) Posted on: Jun 1, 2013 4:37 PM Message:
Tony,
Asking questions works better than barking. When you bark, their natural reaction is to bark back or bite.
If you expect to refund her deposit, I have no problem with deducting it from her deposit. Many pay it on a payment plan.
It's not up to their wilingness to pay, it's written on page one of the lease and not an option.
The question is "HOW will we pay this so we can end the lease legally and part as friends? I'd love to be able to give you a good recommendation."
Form. Sorry. Promised Jeffrey it would be a benefit to those who got there.
Basically it's a Promissory Note for the amount owed, (Work that out with her. I say "Our company requires I add $500 to the amount you owe in case you break something on the move out or don't mow. If things are OK at move out, we drop the extra fees accordingly.") and a Payment Plan laying out how it will be paid.
My foo-foo dust: Most people will cooperate when you treat them with respect and show them what to do.
--67.175.xx.xxx |
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