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My tenant just defaulted on two months rent. She had a two month security deposit. However, there was some major damage that her teenage daughter did to the walls in the guest bedroom. Which cost about $350 to repair. Also, she didnt have the carpets cleaned or anything cleaned at all. She even left some of her stuff in the home. Which I had to get rid of.
My question is, if I go after her for the two months of back rent and damages done. Does she then get her security deposit back or does she default on that?
First of all, are you familiar with your state landlord tenant laws regarding the return of the security deposit? If not, go to the first "sticky" on this forum and you'll probably find a link to them which will explain all.
Do you have pre move-in and post move-out photographs documenting damages? What "stuff" did you move that she left and do you know that there are also state laws governing disposal of a tenant's property?
In certain circumstances you can retain the security deposit to cover rent owed but otherwise you have to document in writing within a certain period of time of the tenant's leaving all deductions and send to the tenant along with receipts, etc. All explained in your state landlord tenant laws.
It sounds as though you're not very familiar with the legal responsibilities you have as a landlord and best you become so in order to minimize potential losses. Good luck!
My tenant just defaulted on two months rent.
...there was some major damage ...Which cost about $350 to repair.
So... you're tenant left early with a mess and some damage...
which you have **thoroughly** documented and gone about repairing. Good for you.
Next step is to advertise the apartment and get another tenant in place.
Have you done this? Get cracking if not.
Meanwhile... hurry up and send* your tenant a detailed accounting of the damages and some
of that documentation that it's their fault (like pictures from before they moved in vs the mess)...
and describe how much of their deposit will be used to cover your expenses.
Most areas have a time limit on how long the LL has to do this.
Some counties will also allow a LL to deduct for lost rent from the SD without
going through extra legal process... but the LL still has to account for it in writing.
*send = mailed to their new/last known address.
Send it "return requested" in case they haven't done the mail forwarding thing.
Quote:
My question is, if I go after her for the two months of back rent and damages...
It's not an "if" question... it's a "how" question. DETAIL here
It was mostly junk. Hangers, kitchen stuff, food left in the fridge. She has expressed no interest of wanting it back.
My question lies more in, because I have two months deposit. If I go after her for the back rent, do I have to give her back the security deposit...esentially becoming a wash? Minus the expenses for fixing the walls. So is it really worth the aggrevation. Or by defaulting on the lease two months early - does she forfeit her deposit as well?
by defaulting on the lease two months early - does she forfeit her deposit as well?
Not automatically... no.
Quote:
I already have a new tenant moving in August 1st.
The deal with *charging* the tenant for a loss... is that you must actually have that loss.
Not guess at or impute but actually have an expense. Otherwise you'll be committing fraud.
So... if the clean up work was just a couple hours of YOUR time and the tenant lived there more than
X months that the carpet cleaning and other minor repair falls into "wear and tear"... and you were able
to get a new tenant in place promptly the you my have no actual (legitimate) losses at all.
If THIS is the case... then you may owe the tenant EVERY penny of the SD you are holding.
Either way... you have an obligation to produce an accounting of it all for them
My question lies more in, because I have two months deposit. If I go after her for the back rent, do I have to give her back the security deposit...esentially becoming a wash? Minus the expenses for fixing the walls. So is it really worth the aggrevation. Or by defaulting on the lease two months early - does she forfeit her deposit as well?
This is why I suggested you read your state landlord tenant laws. As has been said, some states allow deduction from the security deposit to cover unpaid rent but not all do and in any case you still have to document everything to the tenant as required by state law. Security deposits are NOT considered rent unless certain circumstances prevail - again, read your state laws.
Here's how it works: you add up all the damage. You apply the security deposit first, and then you bill for the unpaid balance.
If she doesn't pay, you can take her to court and try to get the balance. It doesn't sound to me like there is enough damage over the deposit to make it worth your time and effort to take her to court.
If she lived in the unit for 2 months without paying, you take the two month's rent from the security deposit (and next time, file eviction about 7 weeks quicker)
If by defaulted on rent, you mean she moved out early before the lease ended, you can only charge her for the time the unit was vacant. You can not charge her rent for any time after you got a new tenant to start paying rent.
Seriously, you need to study your local landlord tenant law, or you are going to get yourself into deep trouble at some point or another.
the 2 months rent is part of "damages" (aka money owed to landlord).. The money for fixing the wall is part of damages.
You deduct the total amt of damages from the security deposit. So you get to keep the security deposit and she will owe you some money still. You can decide to charge her the additional money, or let her know that she doesn't owe it.
YOU MUST follow your state law for proper documentation for deducting from the security deposit. There is a timeframe for you to send certified letter to tenant with itemized list of 'damages'...which is the list of charges against her security deposit.
If you dont send this list within X days (depends on your state law, most states are between 15 and 30 days)...if you dont' send it in writing by deadline then you must return entire security deposit, even if there are damages.
Some states have certain wording that must be included in this security deposit letter to the tenant . Keep a copy of the certified return receipt info from post office for proof. Dont do this via email or phone. If you dont know her new address, send the certified letter to last known address (the rental).
Follow your state laws and Keep the security money and move on. Sorry 350 dollars is not major damage kind of made me laugh. QUIKRETE in you toilets, sinks and your bathtub is major damage.
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