Can i take out the rest of the rent out of the deposit?

Rent is due on the 1st of the month. $895

Year lease that has been month to month for 4 years now.

Aug 22 they give 30 day notice. I explained that the notice is more than 30 days. On the 5th the paid a part of their rent, $566. I called them and they said "you just want you money, take it out of the deposit, we will be gone by the 22nd of Sept" After I explained the month to month terms and giving notice early was ok, and they were still responsible for utilities until Sept 30...and utilities needed to be on for walk thru, which is scheduled for Oct 1st... they pretty much repeated their above statement. Then carried on, on the Gift of his raised strawberry bed that he put in. Which wasn't there when they moved in. I stated he should take that with him, he'll for sure want that at his new place. They bought a home, which is exciting, but I dont want your left overs either!!

They left they keys on the counter on Sept 19th, locked the doors and departed, turning off water and electric.

So can i take out of their deposit the balance of the rent money? late fee? according to our lease or do I have to accept that they returned the keys, no long obligated??

They are under the believe that they gave me notice on Aug 22 to vacate Sept 22. our paper work reads from 1st, rent paying date to 1st rent paying date. Keys were on counter Sept 19th. Utilities turned off Sept 19th.

May I account --from-- security deposit unpaid rent, utiltiles from shut off to Sept 30th. and of course all the other damage, other than normal wear and tear!?

comments

Sounds like you need to turn on the utilities, do any cleaning and repairs attributed to them, clean out their strawberry bed and return it to lawn, then do your accounting.

Past due rent, utilities since the utilities were to remain on for the move-out inspection, unpaid late fees (rent was due in full on Sept 1), any other repairs and fees.

Send either a bill or refund. Since your paperwork reads from the 1st to the 1st, include a copy of the lease with that part highlighted when you send accounting.

Does your lease say 30 days notice from the beginning of each rent period?

If that's the case, I don't care what they do/say/think. We stick with the lease. I'd send him a letter like so:

"Mr. Tenant, thanks for the notice. Your notice was received August 22nd and therefore is effective to terminate the lease on Sept 30th. As you can see on this section of the lease high lighted below that rent is for full months only. Rent is due until the end of September, and if utilities are taken out of your name the $10 per day rate utility charge in our lease will apply. Failure to pay as agreed and maintain utilities in your name will result in late charges and possibly legal action that will add on to your costs. Don't delay! Take action to get this made right today."

Then "all calls go to voice mail" and "all texts get the canned response."

You can't argue with these people, as you have found. So stop arguing. I never argue with anyone. I simply enforce the lease. I send notices. Then they choose what to do or not do. If they choose not to follow the lease, then we proceed with whatever remedies are available to us, up to and including eviction.

Seriously? And you're just asking now what to do?

Rent and notices need to be on the first of the month. Notice to leave must be at LEAST 30 days from the date rent is normally due. Rent is per month not per day. You have no "daily" rate for tenants.

So rent is past due. You should have filed for none pay when you didn't get all the rent. Your past that stage now. NO you can't use the deposit to pay your rent or any portion of it. Is the words for tenants.

You have the keys-- do your walk through and list of damages including rent and upcoming rent since they didn't give proper notice. Details of damages-- they gave keys so there's no intent to come back and fix your list of damages. Change locks and get the place fixed and re-rented.

Send these deadbeats a bill. Give them some options for payments and a drop dead date -- if nothing agreed to in say 45 days file civil suit for rent and damages.

Seems to me Aug 21 you should have posted asking for help. Not Sept 24.

I don't know anything about MO, but I doubt that the lease controls.

The fact that they once had an annual lease way back when doesn't really matter, does it? They've been month to month for years now. So you have to take the good with the bad.

In NC a m2m lease requires only a SEVEN day notice before end of term...which is why I never do M2M. If they tell me on the 23rd they are leaving on the 30th, they have given valid legal notice and I *cannot* ding their security deposit.

Statue...

plenty,

Looks like the law is on your side!

My lease is clear (to aavoid such arguments!): The last month is not prorated and notice is by complete calendar month only.

The last few pages of my lease is the MOVE OUT PACKET which includes things they need to know at move out. They initial each page at move IN. Once we receive notice we copy those pages with their initials and deliver it to them. We deliver a second copy about 2 weeks before the anticipated move out. This has helped TREMENDOUSLY!

No discussions, just copies. Then the final Deposit Settlement.

PS other than extreme winter we don't bother with the utils. A little Alec and water while turnover is no big deal. Not worth the hassle. Maybe add a few bucks on the Deposit Settlement.

I want the utils on for MY sake. When I pushed for every last day like yoru situation, the meter guy would show up while we were cleaning and shut it off by order of the former res. Now *I* am in the dark over a weekend.

Many of our elec crews are dealing with hurricane repairs in SC so local On/Off service is lagging several days behind. Throw in a weekend and that house could be without power for 7-10 days easily.