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In the original rental agreement tenats must give 60 day notice.2 years later and a very exspired contract the renters are leaving with very little notice, can they still be held liable for the rent of those 60 days? In Virginia.
It depends on your state laws... In FL if they give notice before the 15th and they are renting month to month on an expired lease they can move out the end of the current month... It they don't give notice until after the 15th (same conditions otherwise) the notice has to be 30 days...
I charge a Secriety Deposit .. PLUS first and last months rent ..
the deposit is to protect my investment ..
I'm confused if you charge a security deposit "PLUS first and last months rent" then the last months rent is paid... are they not paying the last two months... you could file and eviction in that case becasue the 11 month (on a 12 month lease) is not the last month and when they don't pay it tell them you are filing eviction...
Originally Posted by Faworki1947;11997603[FONT=Times New Roman
as for holding the LL to the law trust me the courts are usually kinder to the tenants than they are the LL.. sad to say but we lose even when we are right .. so it just makes it that much harder for the good folks to get into a decent place .. as I pointed out I ask for and get.. FIRST, LAST and a Sec. Deposit to cover my butt .. .. so the next guy who wants that apt has to come up wuth mim of $1500.00 just to get in .. all paid up front at once .. we have to by law return the damage deposit with a list of what ever we have to fix .. in a certian time frame .. [/font]
I agree the courts are usually in the tenants favor... a LL has to show proof of what he is claiming... which makes it hard on small LL who only own a few homes they rent... getting more then just one month rent as a security deposit is a smart idea... I told a small LL recently to require 1 1/2 months rent as a security depost... this different amount tends to remind tenants it is not rent... also there is a place (I can't remember their name) who for a $99.00 fee will pay the LL $500.00 towards damages/fees when a tenant moves out... You can charge the $99.00 to the tenant as an administration fee... then the company goes after the tenant for damages... although I think the LL gives up the right to pursue the tenant for addittional damages (beyond the 500)... it has been a while since I used them... and I was with a big company so I'm not sure if you have to have a certain amount of units or not... I'll check and see if I can find their information...
I have been renting for a long time. I can't remember the last time I didn't get my entire deposit back. I don't even really try that hard.
This was what I was thinking, we have never not gotten our full deposit back, we have even gotten our pet deposit back as well. The only time we didn't get our full deposit back was when I allowed the property management company to clean the carpet instead of me arranging it, then the owners actually sent us a check for the difference saying it shouldn't have been deducted. I guess maybe we have been really lucky with our LL's
I have fulfilled a 12 month lease and am under no lease renting month to month had to move to Tallahassee gave 30 day notice and now will use my $900.00 security deposit as last months lease. Any answers would be appreciated appreciated!
I have fulfilled a 12 month lease and am under no lease renting month to month had to move to Tallahassee gave 30 day notice and now will use my $900.00 security deposit as last months lease. Any answers would be appreciated appreciated!
Hard to give an answer where there is no question.
I assume you WANT to use your security as last months rent. Know that your landlord has no obligation to accept that. Your security deposit is your security deposit and your landlord has 30 days AFTER you move out, to return it or itemize deductions against it in writing, to your new place.
Expect to have to pay your last months rent as is proper.
I have had more tenants run out leaving me with loss of rent and damages that far outweigh the deposit.
I have fulfilled a 12 month lease and am under no lease... renting month to month
Even when a written lease term has expired... you still have a legal tenancy relationship with the
landlord that carries with it certain statute and common law expectations for both of you.
Quote:
...gave 30 day notice and now will use my $900.00 security deposit as last months lease.
In short... don't plan on it.
Quote:
Any answers would be appreciated appreciated!
Among those statute and common law expectations are:
1) that you will pay rent for every minute that you occupy the property, and
2) that only AFTER you have vacated and the LL has had time to inspect condition
will you be entitles to have your deposit returned, and
3) if there are any damages, wear or other charges these will be deducted from the SD.
I had tenants for 5 years, and never renewed the contract. They left the place horribly nasty, and claiming it was this bad shape when they moved in. I have pics. They want their security deposit back now they have moved out, but from stains on
carpet, scared up walls and many other repairs, isnt this what the deposit was for ? And since the cont act expired, in Virginia over 2 y s ago, who does the money belong to?
You do have a contract as your lease became a month to month and the terms of your original lease carried over. Within 45 days of your tenant leaving you must return the security deposit less any itemized deductions for damages. If there are damages which exceed the amount of the security deposit you bill the tenant accordingly but you must provide them with an accounting whether there is money to return to them or not. You'll find VA landlord tenant laws linked in the first "sticky" on this forum.
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