deposit refund (by kkezir [KS]) Aug 16, 2017 11:53 AM
deposit refund (by razorback_tim [AR]) Aug 16, 2017 12:03 PM
deposit refund (by Gail K [GA]) Aug 16, 2017 1:25 PM
deposit refund (by kkezir [KS]) Aug 16, 2017 2:04 PM
deposit refund (by DIXIE [KS]) Aug 16, 2017 4:08 PM
deposit refund (by Vee [OH]) Aug 16, 2017 7:14 PM
deposit refund (by DJ [VA]) Aug 16, 2017 7:54 PM
deposit refund (by S i d [MO]) Aug 17, 2017 6:00 AM
deposit refund (by WMH [NC]) Aug 17, 2017 6:07 AM
deposit refund (by kkezir [KS]) Aug 17, 2017 12:22 PM
deposit refund (by Barb [MO]) Aug 18, 2017 4:16 PM
deposit refund (by kkezir [KS]) Posted on: Aug 16, 2017 11:53 AM Message:
Tenant gave notice 7/25/17 that they were moving out at the end of the month. Tenant was on MTM agreement. They moved in 2/2017 However our agreement states that the tenant is required to give a full rent paying period notice to move out (KS law).
So I shared with the tenant they would still owe August rent since they gave notice on 7/25/17.
Tenant moved out 7/31/17 and we received possession back. House was in pretty good condition. Only charges were for oven cleaning $30, carpet cleaning $120, and miscellaneous yard trash pick up$30.
Amount on deposit was $805.
Deposit accounting
August rent 805
Late fee 50
oven cleaning 30
carpet cleaning 120
trash pick up 30
So the tenant owes us 230.
However I got it re-rented and the new tenant is moving in 8/17/17. Should I prorate the august rent owed? 805/31*15=363.55
If I do, then I should pay $133.55 out to the tenant that did not leave me a forwarding address?
Thoughts?
--165.201.xxx.xxx |
deposit refund (by razorback_tim [AR]) Posted on: Aug 16, 2017 12:03 PM Message:
I would. The security deposit is for damages. Your damages for lost rent were mitigated once you re-rented the unit. --166.137.xxx.xx |
deposit refund (by Gail K [GA]) Posted on: Aug 16, 2017 1:25 PM Message:
I have to say you're pretty generous charging only $30 for oven cleaning.
I hate cleaning ovens; even running the self cleaning ones; it's a bet a tenant has never done that during the entire rental period and I have to open doors and windows to avoid being choked to death.
If not self cleaning I charge a whole heck of a lot more than $30.
Did you incur any advertising costs to re-rent the unit?
Gail --71.203.xx.xx |
deposit refund (by kkezir [KS]) Posted on: Aug 16, 2017 2:04 PM Message:
Oven wasn't too bad so I don't feel bad only charging $30. I have $50 down on our price list. But it only took one spraying of easyoff and wiped out easily.
No it didn't cost me anything to advertise.. just my time in showings and paper in handing out applications.
I advertise on Zillow property manager (trulia, hotpad) and craigslist and a sign in the yard.
If I mail them back a refund.. my guess is they did not fill out a forwarding address.. So I will probably get my check back. --165.201.xxx.xxx |
deposit refund (by DIXIE [KS]) Posted on: Aug 16, 2017 4:08 PM Message:
I think your prorated plan is fine. That's exactly how I handle it. I also charge them mileage for having to drive over to show the place.
And $30 is TOO cheap to clean an oven. My lease states that they will be charged $75 if stove is not cleaned. Any spraying of the oven should be charged full amount.
Be sure to send the statement CERTIFIED to the only address you have--your rental's address. If returned to you, DON'T open the envelope. Keep it as proof that you did mail it. --184.52.x.xx |
deposit refund (by Vee [OH]) Posted on: Aug 16, 2017 7:14 PM Message:
The pro-rated makes a lot of sense, but I can't imagine a no cost advertising and internet fee used for advertising - do the applicants just appear from the sidewalk and you do lockbox showings? --76.188.xxx.xx |
deposit refund (by DJ [VA]) Posted on: Aug 16, 2017 7:54 PM Message:
Yes, you credit the former tenant's account with the per diem amount of rent at their previous rental rate, for the number of days that you received rent from the new tenant.
Like Dixie said, mail the accounting to the last known address, and if returned - keep it. --68.105.xxx.xxx |
deposit refund (by S i d [MO]) Posted on: Aug 17, 2017 6:00 AM Message:
"Should I prorate the august rent owed? "
I hate to see it but MOST of the advice above telling you to prorate is not professional land lord thinking...(sorry guys...)
30 notice is required for a reason: it takes time, dollars, and/or effort to get a place rented when a tenant move. The LAW SAYS you are entitle to a full rental period (aka 30 days), period. Had you been given what the law says is due to you, life would have been easier for you.
You got it re-rented through hustle, work, and effort that you would otherwise NOT have had to do this soon/this fast/with this much disruption to your life.
If you had HIRED someone to find you a new tenant this quickly, you would have had to pay them, right?
So here are the real two questions:
1) Why would I work for free but I would pay someone else to do this for me?
2) Why does the tenant get to walk away free as a bird and do what makes their life better/cheaper/easier while I get taken away from my home, my family, my free time to cover THEIR issue?
Conclusion: No prorated rent is due the tenant due to their lack of diligence giving proper notice unless you prefer to operate this as an amateur hobby/charity sort of thing. I see too many LL's talking themselves out of what the law is there to protect. --173.19.xx.xxx |
deposit refund (by WMH [NC]) Posted on: Aug 17, 2017 6:07 AM Message:
Sid, if the tenant had paid the rent no question you keep the full amount.
But when you are deducting from a Security Deposit you have to be able to document actual damages. And a judge here would not allow you to charge for your time. And could conceivably award treble damages for the improperly withheld funds.
State law varies, but I know in NC they would not allow me to retain money for my time. --173.22.xx.xx |
deposit refund (by kkezir [KS]) Posted on: Aug 17, 2017 12:22 PM Message:
Sid I agree with you.
I have had this happen in the past...
Where the tenant gave proper notice.. but left early and I got it rented early.. Then it is a no brainer for me to prorate their rent back.
But when a tenant does NOT give proper notice. It leaves a bitter taste in my mouth to prorate rent back.
I went back and reviewed my lease and this is what it says.
TERMINATION OF RENTAL AGREEMENT-Either party may terminate the rental agreement, a month-to-month tenancy, by giving a written notice of intent to do so ONE rent paying period in advance. Failure of the Resident to give one rent paying period notice will make the Resident liable for the next rent paying period. All rental termination will be effective on the last day of the rent paying period. --165.201.xxx.xxx |
deposit refund (by Barb [MO]) Posted on: Aug 18, 2017 4:16 PM Message:
You gave yourself the answer. They are liable for the full August rent amount. The deposit was not enough to cover it.
Send a bill, or send an accounting that you waive the $230 due to the minimal costs of cleaning the home to re-rent. --64.134.xxx.xx |
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