 Deposit not received (by Xavier [FL]) Apr 30, 2014 5:30 PM
 Deposit not received (by V [OH]) Apr 30, 2014 6:01 PM
Deposit not received (by AllyM [NJ]) Apr 30, 2014 6:06 PM
Deposit not received (by Scott [TX]) Apr 30, 2014 6:13 PM
Deposit not received (by tryan [MA]) May 1, 2014 7:58 AM
Deposit not received (by Chris [CA]) May 1, 2014 6:45 PM
Deposit not received (by Xavier [FL]) Posted on: Apr 30, 2014 5:30 PM
Message:
Hello, I have this situation, 7 months ago, I signed lease with a tenant, in which she was supposed to pay 1 month rent. Then, being an assisted housing and all that, I decided to waive the deposit afterwards, but I just realized I do not have an addendum stating that. Now, I have a lease contract stating that there is a security deposit that will be returned at the end of the lease, but not the money, since she never had to pay it. How hard would be to prove that I never got the deposit? Especially if she refuses to sign an addendum now? --187.153.xxx.xxx |
Deposit not received (by V [OH]) Posted on: Apr 30, 2014 6:01 PM
Message:
Refer to this --> bbs2.mrlandlord.com/display.php?id=14137634
--75.94.xxx.xxx |
Deposit not received (by AllyM [NJ]) Posted on: Apr 30, 2014 6:06 PM
Message:
If it got to court the judge could ask for her cancelled check or a receipt from you and she won't have any to show.
Is she refusing to sign an addendum or are you asking to be prepared in the future if she decides to leave?
When the lease is up just ask her to sign a new lease and it will say that there is no such deposit.
Even if she goes to month to month you can send a new lease and a letter saying that she is agreeing to the terms of the lease if she remains in the unit.
Is she a year lease or month to month?
I have a similar case because the state of NJ confiscated the tenant's security after my mother passed and her name was on the rent security account which of course did not have any activity on it.
I went through procedures and got the money released but it went to the tenants. The tenant's daughter works for a lawyer and she decided that they didn't have to return the money to me as I was not the original landlord. I didn't want the fight so I just told them to keep it.
Now I have a lease that says there is security also. I don't think they would demand it since I don't think they are that kind of people. I will give them a new lease this year though.
Olde Miss Ally --69.141.xxx.xxx |
Deposit not received (by Scott [TX]) Posted on: Apr 30, 2014 6:13 PM
Message:
If you are concerned don't ask her to sign an addendum. Play dumb and say you were reviewing your records and just realized you never received the deposit and ask for an explanation. When she explains that you waived it act sceptical, say you do that but it is very rare and you always do a lease addendum. When she explains again continue to be sceptical but add that since this is partly your fault for poor record keeping that you guess you could do that...
Technically in court if it becomes a problem you should be OK if you present the records you have and say she never paid. Then it is up to her to prove she paid. BUT that will to a degree depend on your judge --98.195.xxx.xxx |
Deposit not received (by tryan [MA]) Posted on: May 1, 2014 7:58 AM
Message:
Seems to me her choices are:
1. sign an addendum
2. Pay the deposit or
3. move
Just let her pick one .... she'll sign --50.176.xxx.xxx |
Deposit not received (by Chris [CA]) Posted on: May 1, 2014 6:45 PM
Message:
OMA, I think the problem here is malicious intent. Tenant won't have cashed that check (intentionally). Hence there won't be a cancelled check...
Which makes me wonder if we should ask for bank details? My bank offers an electronic payment. It's free but takes about 10 days to set up. then the funds will go directly into tenant's account.
We need to protect ourselves against such games. Triple damages is incredibly tempting... --101.108.xxx.xx |
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