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Old 09-11-2013, 07:38 AM
 
45 posts, read 56,106 times
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Dear everyone, thank you all for your input. I really appreciate that you took the time to reply me.

So far this has been resolved. I had B signed a note that she's aware A had vacated the apartment and that if she wish to continue as a tenant, she is solely responsible for the full amount of rent.

But then she changed her mind and said she wants out of the lease too. I had her sign a new agreement that in if she's not out by 9/14, she will be liable for a full months rent for September. So fingers cross on her moving out this Friday.
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Old 09-11-2013, 07:50 AM
 
45 posts, read 56,106 times
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I totally agree with you. This situation was out of my hands because this is my mom's house and tenant and I live and work out of state. I told my mom to make sure everything is out of the house before giving A the security deposit. meanwhile A had promised me over the phone that B will pick up her stuff before move out date of 9/5. My mom didn't tell me that B's stuff was never picked up until A had took the security deposit and gone with the wind. It was a good thing that my mom had B's contact and I reached her in time to stop the security deposit check from going through and B was good enough to sign the statements I needed to clear me from legal responsibility.

One last question: Since B is the one who signed the lease and I can no longer reach A(via text or phone), the remainder of the security deposit should be mailed to B after she moved out right?
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Old 09-11-2013, 07:54 AM
 
Location: Austin, TX
16,787 posts, read 49,063,260 times
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Quote:
Originally Posted by JenJenJen View Post
One last question: Since B is the one who signed the lease and I can no longer reach A(via text or phone), the remainder of the security deposit should be mailed to B after she moved out right?
Yes!
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Old 09-11-2013, 08:15 AM
 
639 posts, read 1,963,967 times
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Your mom sent the entire security deposit to the subletter who wasn't even on the lease? Your mom REALLY needs to hire a property management company, she is a very naive landlord. If that check had gone through that money would have been lost, she would still owe the security deposit to the actual tenant.
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Old 09-11-2013, 11:37 AM
 
45 posts, read 56,106 times
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Quote:
Originally Posted by eevee188 View Post
Your mom sent the entire security deposit to the subletter who wasn't even on the lease? Your mom REALLY needs to hire a property management company, she is a very naive landlord. If that check had gone through that money would have been lost, she would still owe the security deposit to the actual tenant.
Yes, we were lucky to find out soon enough to stop the check.

I just got off the phone with a detective, appearantly B had filed a police report on A with regard to removing her properties and such. What a mess.
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Old 09-11-2013, 02:57 PM
 
Location: Austin, TX
16,787 posts, read 49,063,260 times
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Quote:
Originally Posted by JenJenJen View Post

One last question: Since B is the one who signed the lease and I can no longer reach A(via text or phone), the remainder of the security deposit should be mailed to B after she moved out right?
I just realized you wrote "remainder of the security deposit". You will owe her ALL of the security deposit if you do not have legitimate deductions to make from it. The cost of stopping the check that was sent to A is not a legitimate deduction, that was your Mom's mistake.
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Old 09-11-2013, 03:31 PM
 
639 posts, read 1,963,967 times
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Quote:
Originally Posted by JenJenJen View Post
Yes, we were lucky to find out soon enough to stop the check.

I just got off the phone with a detective, appearantly B had filed a police report on A with regard to removing her properties and such. What a mess.
Is B blaming you (or your mom) in any way for moving her stuff? If so, I would take the stance that it was a roommate dispute and LLs do not get involved in roommate disputes. And I would not say anything else without consulting a lawyer.
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Old 09-11-2013, 03:36 PM
 
Location: southwest TN
8,568 posts, read 18,108,085 times
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Quote:
Originally Posted by eevee188 View Post
Is B blaming you (or your mom) in any way for moving her stuff? If so, I would take the stance that it was a roommate dispute and LLs do not get involved in roommate disputes. And I would not say anything else without consulting a lawyer.
I would agree with this EXCEPT that OP stated initially that permission was given to non-lessee A to store Lessee B's items outside of the apartment, thereby involving LL in this dispute. LL accepted responsibility for B's property.
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Old 09-11-2013, 04:30 PM
 
639 posts, read 1,963,967 times
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Originally Posted by NY Annie View Post
I would agree with this EXCEPT that OP stated initially that permission was given to non-lessee A to store Lessee B's items outside of the apartment, thereby involving LL in this dispute. LL accepted responsibility for B's property.
Hope that wasn't in writing.
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Old 09-12-2013, 08:08 AM
 
45 posts, read 56,106 times
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Quote:
Originally Posted by CptnRn View Post
I just realized you wrote "remainder of the security deposit". You will owe her ALL of the security deposit if you do not have legitimate deductions to make from it. The cost of stopping the check that was sent to A is not a legitimate deduction, that was your Mom's mistake.
I had a signed statement from B that saids she know that A had vactaed the apartment and that if she wish to continue the lease, she will be solely responsible for September's rent. I told her that rent will be deducted up to the day she leaves the apartment, which is 9/14, and had her signed again if she's not out of the apartment by 9/14, a full month's rent will be due.

No, I am not going to take the check stopping fee from the security deposit. I agree that it was my mom's mistake.

My mom just informed me that the master bedroom(occupied by A) had a drain problem and repair will be needed after B left. Can i deduct that from the security deposit?
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