 Return the deposit ? (by Roy [AL]) Jan 22, 2018 5:20 AM
 Return the deposit ? (by WMH [NC]) Jan 22, 2018 5:28 AM
Return the deposit ? (by Roy [AL]) Jan 22, 2018 5:33 AM
Return the deposit ? (by NE [PA]) Jan 22, 2018 5:36 AM
Return the deposit ? (by razorback_tim [AR]) Jan 22, 2018 5:44 AM
Return the deposit ? (by plenty [MO]) Jan 22, 2018 5:44 AM
Return the deposit ? (by WMH [NC]) Jan 22, 2018 5:46 AM
Return the deposit ? (by AllyM [NJ]) Jan 22, 2018 5:49 AM
Return the deposit ? (by plenty [MO]) Jan 22, 2018 5:58 AM
Return the deposit ? (by LisaFL [FL]) Jan 22, 2018 7:10 AM
Return the deposit ? (by David [KY]) Jan 22, 2018 11:42 AM
Return the deposit ? (by Vee [OH]) Jan 22, 2018 7:19 PM
Return the deposit ? (by S i d [MO]) Jan 22, 2018 7:56 PM
Return the deposit ? (by Amy [MO]) Jan 22, 2018 8:16 PM
Return the deposit ? (by BRAD 20,000 [IN]) Jan 22, 2018 10:35 PM
Return the deposit ? (by Roy [AL]) Posted on: Jan 22, 2018 5:20 AM
Message:
Hypothetical question here
If you had a tenant that gave a 30 day notice to move and did not pay his last months rent and you filed for eviction for non-payment of rent,....and this evicted tenant left your house in a clean, ready to rent condition,...would you feel any obligation to return his deposit? --68.63.xxx.xxx |
Return the deposit ? (by WMH [NC]) Posted on: Jan 22, 2018 5:28 AM
Message:
No, I would retain his deposit and apply it to unpaid rent. --50.82.xxx.xx |
Return the deposit ? (by Roy [AL]) Posted on: Jan 22, 2018 5:33 AM
Message:
WMH,
Just to play devils advocate here,...so you are entitled to use the deposit for last months rent but your tenant is not entitled to do this also? --68.63.xxx.xxx |
Return the deposit ? (by NE [PA]) Posted on: Jan 22, 2018 5:36 AM
Message:
Roy, you used it towards the judgement you got at the eviction. Assuming you get a judgement along with the eviction in your state. I wouldn't return it.
I'd send accounting though. --50.107.xxx.xx |
Return the deposit ? (by razorback_tim [AR]) Posted on: Jan 22, 2018 5:44 AM
Message:
The deposit is to be applied after the tenant has returned possession. That’s why you can apply it to past due rent (financial damages) but the tenant cannot just say “use my deposit for the last month’s rent” before they have moved out. --70.182.xx.xx |
Return the deposit ? (by plenty [MO]) Posted on: Jan 22, 2018 5:44 AM
Message:
where i live...yes... I am, but tenant is not...able to apply deposit to rent. I would,as judge would, apply deposit to rent... If rent was less than deposit i would send a refund, if tenant owed more i would as for that. Most likely i would drop the eviction case. --66.87.xx.xxx |
Return the deposit ? (by WMH [NC]) Posted on: Jan 22, 2018 5:46 AM
Message:
Roy, after your tenant moves out, the Deposit is applied to any DAMAGES, including FINANCIAL damages such as unpaid rent. Perfectly legal and appropriate use of the deposit. Note #1 below:
"In NC, the following is true:
The common belief that the security deposit belongs to the owner is false. The security deposit that is paid by a tenant when they move into a rental dwelling actually belongs to the tenant and is held in trust until their tenancy is terminated. At the time of termination, there are only 7 permitted uses for the security deposit by the Landlord according to the Tenant Security Deposit Act, North Carolina General Statutes (NC GS 42-51). The permitted uses according to this act are as follows:
1. Nonpayment of rent that is due.
2. Damage to the premises (other than damage due to “ordinary wear and tear”).
3. Non-fulfillment of the rental period (future rent due under the lease agreement when the Landlord is unable to re-rent the unit for a similar amount after diligent efforts to do so).
4. Unpaid bills from the tenant’s occupancy which become a lien against the property.
5. The cost of re-renting the premises after a breach of the lease by the tenant.
6. Costs of removal and storage of tenant’s personal property.
7. Court costs and legal fees in connection with terminating a tenancy." --50.82.xxx.xx |
Return the deposit ? (by AllyM [NJ]) Posted on: Jan 22, 2018 5:49 AM
Message:
What WMH said unless I had collected that missing rent. If I then got the rent, yes, I would return security for a clean place but I would make sure nothing broken was hidden and sometimes I can't find those things out until I start cleaning and repainting. --73.33.xxx.xxx |
Return the deposit ? (by plenty [MO]) Posted on: Jan 22, 2018 5:58 AM
Message:
In addition. I have been "squeezed'' into this situation. By tenant just not paying last months rent. If i file and drop case later, it still appears on the legal sight. If i get an application and i read a case filed and then dropped i consider it as an eviction as landlord still had to file.
If i know they are leaving and squeeze me into this sitution and deposit will cover rent. Then i would start visiting and documenting damages as ask them to fix or pay for repair. Sorta like help them HELP me get the property back in best condition to minimize any monies that maybe due. I dont like it but it happens. Mostlikey i would not have to file. --66.87.xx.xxx |
Return the deposit ? (by LisaFL [FL]) Posted on: Jan 22, 2018 7:10 AM
Message:
You would deduct unpaid rent, any cost you incurred for having to file for eviction and any damages.
I had a tenant do this once and I warned him I would have to file for eviction if he refused to pay his last month's' rent.
Rent was $900 a month, cost to file was $450. Deposit was $1200.00. He got nothing back. He would have gotten his deposit back had he simply paid his rent. It cost me a bit but it cost him more than it would have. --173.170.xxx.xxx |
Return the deposit ? (by David [KY]) Posted on: Jan 22, 2018 11:42 AM
Message:
Yes of course I would use the security for last months rent. I would go through with eviction though. he took care of your place and you got your last month's rent. No reason to put an eviction on his record. --173.239.xxx.xx |
Return the deposit ? (by Vee [OH]) Posted on: Jan 22, 2018 7:19 PM
Message:
If you study tbe tenant laws, owner/manager only has access to the deposit after the unit is turned over (keys or court eviction)therefore when you allow the deposit to be used for last month you are not following tenant landlord rules, in addition you have to have a case filed to recover legal/filing costs in addition to physical damages and then the unpaid rent (careful here some places do not allow late fees after the case has been filed),so be sure to understand your local policy and procedure and of course file as soon as possible. --76.188.xxx.xx |
Return the deposit ? (by S i d [MO]) Posted on: Jan 22, 2018 7:56 PM
Message:
In our lease, the tenant agrees to pay rent every period: month, bi-weekly, or bi-monthly. A breach of the lease caused by non-payment results in financial damage to me, so YES I absolutely charge the security deposit for the rent.
I evict on day 7 of unpaid rent, even during the last month. Keep in mind: they broke their word by not paying. Why would you trust them that they will actually move out? Too many LLs get suckered by this old game....then wonder why 3 months later the same non-paying tenants are still there. --172.56.xx.xx |
Return the deposit ? (by Amy [MO]) Posted on: Jan 22, 2018 8:16 PM
Message:
No.
You were owed last months rent. If there is any left after filing fees and that last month of rent, then sure- give the remainder. Otherwise, nope.
Don't forget the hassle of leaving you hanging. Sure, it's your job, but it's also unnecessary if they'd honor their word. --107.77.xx.xx |
Return the deposit ? (by BRAD 20,000 [IN]) Posted on: Jan 22, 2018 10:35 PM
Message:
Roy,
They are SUPPOSED to leave the home clean. It's not a special event.
Yes, charge for the time period they agreed to. They knwo ti and are hoping you'll forget.
BRAD --68.51.xx.xxx |
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