If a tenant deposits the security check

[SOON2BNSURPRISE]

Let me see if I understand this.

The tennets gave a 30 day notice. They moved out of the unit. You cleaned the unit and got it ready to rent. You subtracted the cost of that cleanup from their deposit and mailed them a check for the differance. Now they want to sue?

If they has wanted to stay they could have paid for additional days rent. At places that I rented we could give a 30 day notice and then decide to stay longer, pay the rent on the 1st and go on with our life. Then again that may depend on the rental aggrement and size of the complex. When we bought our home our 30 day notice was based on us getting into our home. We ended up paying for 10 additional days in rent. Now if a tennent is trying to get a free place for extra days that is not allowed.

Saying all that I am not following the reasoning. A deposit is not paid back till everything is settled anyway, meaning that the place has to be turned over so it can be rented again.

[Dunbar42]

Originally Posted by CALGUY

True, they could try and sue, but with the evidence I just presented, there isn't a court in the land that would rule against the landlord.

Sorry, but a statement on a check wouldn't go anywhere in court. Documenting the damage and required cleaning, and associated costs, is what would win the case.

[CALGUY]

I should have been more specific above.
The signed check, along with the security deposit statement as to what was deducted from it, would accompany the signed check in a court hearing as evidence.
The check becomes a legal, binding document once written, signed, and cashed.
There is no way the court could rule, other than in favor of the landlord.
Bob.

[Dunbar42]

Originally Posted by CALGUY

I should have been more specific above.
The signed check, along with the security deposit statement as to what was deducted from it, would accompany the signed check in a court hearing as evidence.
The check becomes a legal, binding document once written, signed, and cashed.
There is no way the court could rule, other than in favor of the landlord.
Bob.

I don't even know what "legal binding document" means, it certainly isn't a contract if that's what you mean. All the judge cares about is if the charges deducted from the security deposit are reasonable. If you can demonstrate that you will win the case.