 Security Deposit (by Chris [FL]) Feb 20, 2017 1:54 AM
 Security Deposit (by Steve [MA]) Feb 20, 2017 3:01 AM
Security Deposit (by NE [PA]) Feb 20, 2017 4:07 AM
Security Deposit (by S i d [MO]) Feb 20, 2017 4:36 AM
Security Deposit (by cjl [NY]) Feb 20, 2017 5:13 AM
Security Deposit (by Emily [TX]) Feb 20, 2017 5:49 AM
Security Deposit (by Chris [FL]) Feb 20, 2017 5:52 AM
Security Deposit (by Vee [OH]) Feb 20, 2017 6:11 AM
Security Deposit (by RB [MI]) Feb 20, 2017 6:31 AM
Security Deposit (by Shaun [FL]) Feb 20, 2017 7:06 AM
Security Deposit (by Chris [FL]) Feb 20, 2017 7:38 AM
Security Deposit (by Chris [FL]) Feb 20, 2017 7:39 AM
Security Deposit (by Chris [FL]) Posted on: Feb 20, 2017 1:54 AM
Message:
State Specific Question About: FLORIDA (FL)
My tenant should be evicted this week, judge signed for the 14th but she is stalling still. I'm very tempted to refund nothing, or, at the very least, nickle and dime the heck out of it.
What do you all do??? --24.129.xx.xxx |
Security Deposit (by Steve [MA]) Posted on: Feb 20, 2017 3:01 AM
Message:
I do a complete accounting of any last month's rent and / or SD including any interest due as required by MA law. This accounting along with a refund check or bill is then sent within the allotted time to the last address provided by the tenant. Naturally I deduct for any & all legitimate repairs, unpaid rent, late fees, legal fees, unpaid utilities, etc as allowed by MA laws. I suggest that you do the same in accordance with FL law. --72.93.xxx.x |
Security Deposit (by NE [PA]) Posted on: Feb 20, 2017 4:07 AM
Message:
If they're evicted, I keep their security. It says it right in the lease. I still send accounting though.
I would not be in a hurry to refund that money, she owes you for rent. At a minimum put that deposit towards the back rent she owes you and then sue her again for the damages if there are any. --74.47.xxx.xx |
Security Deposit (by S i d [MO]) Posted on: Feb 20, 2017 4:36 AM
Message:
As a point of reference, I collect about 1 month's rent as a Security Deposit.
After billing all unpaid rent, late fees, court costs, attorney fees, clean up costs, and damages to the unit via the security deposit accounting statement, there's nothing left to nickle and dime. The average evicted tenant ends up owing between $500 - $1500 once all is said and done.
The two cheapest items damaged or stolen are usually light bulbs ($2 each) and mini-blinds ($15 each). --173.19.xx.xxx |
Security Deposit (by cjl [NY]) Posted on: Feb 20, 2017 5:13 AM
Message:
Maybe this is a FL thing but if the judge issued a warrant to the tenant to be out by the 14th and today is the 20th ... WHY wasn't the tenant PHYSICALLY removed on the 15th?
--69.201.xx.xxx |
Security Deposit (by Emily [TX]) Posted on: Feb 20, 2017 5:49 AM
Message:
In TX if the tenant is not out by the stated date, usually ~5 days post hearing, LL has to go back to court and schedule a day for set out, which again is several days hence. All but one of our evictions have left before set out date but there was one that we did actually have to physically remove (And that even got delayed a few weeks, because they won't allow set out when it is raining, and that was in the spring/rainy season for us, so it was postponed several times).
So if FL is similar, that explains why the tenant wasn't physically removed on the 15th.
As far as the deposit, do a complete accounting of what is owed, and if it exceeds the deposit, of course return nothing, but do send the accounting regardless. --155.201.xx.x |
Security Deposit (by Chris [FL]) Posted on: Feb 20, 2017 5:52 AM
Message:
cjl,
your wright, in FL we have to take the writ to the police for delivery, which is on their time line and the clerk at the police station. The writ stills gives the tenant a 24 hour notice.
On the 15th I gave the writ to the Jacksonville Police.
This tenant filled an "STAY to the writ" on the 16th, I did not know they could do that but,
A police officer did call me Friday the 17th, and said that Tuesday he will call the Judge and see what is going on. We have a tentative turn over for Wed.
It's ok, she had a U haul truck there Sat the 18. And I agree with Steve (MA), but I do like NE (PA) and I will revise my lease to include evictions.
In the end, I'll have my house, deduct and an ALL fees/costs/damages/back rent/etc..., and a fresh start with another teant. --138.162.x.xx |
Security Deposit (by Vee [OH]) Posted on: Feb 20, 2017 6:11 AM
Message:
I remember reading about the motion of stay, you counter with a motion to strike the stay and get back on track with the judges order. --76.188.xxx.xxx |
Security Deposit (by RB [MI]) Posted on: Feb 20, 2017 6:31 AM
Message:
Damage Deposit. (in theory)
--71.13.xx.xxx |
Security Deposit (by Shaun [FL]) Posted on: Feb 20, 2017 7:06 AM
Message:
Chris,
Liquidated Damages from non-payment of rent, court costs, attorney fees, etc… is most likely in your current lease. Look in any section for the word "Default". That section of my FL Lease is is several inches long…
Also in the Security Deposit section should list liquidated damages. IN FL a LL the Security Deposit is the Tenant putting 'up front money' to secure that they, the tenant abide by the terms of the contract. --205.223.xxx.xx |
Security Deposit (by Chris [FL]) Posted on: Feb 20, 2017 7:38 AM
Message:
Shaun,
You are correct!!! "Default by TENANT" is the one,
"OWNER shall have the right to declare immediately due and payable, all future rental obligations throughout the entire term of this Rental Agreement. " (sic)
She owes thru June, 2017, 4/12 months.
Thank you, V/r Chris --138.162.x.xx |
Security Deposit (by Chris [FL]) Posted on: Feb 20, 2017 7:39 AM
Message:
Shaun,
You are correct!!! "Default by TENANT" is the one,
"OWNER shall have the right to declare immediately due and payable, all future rental obligations throughout the entire term of this Rental Agreement. " (sic)
She owes thru June, 2017, 4/12 months.
Thank you, V/r Chris --138.162.x.xx |
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