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Hi there. Any help would be appreciated. We gave our tenant 2 copies of a lease asking that one copy be returned. Despite repeated requests, we never got a copy back. They now claim there was no lease. All other tenants have one which we can prove. They also bragged to other tenants that they didn't return it on purpose in order to get their security deposit back. They broke the lease months early and now want the security deposit in full returned.
Any idea how this will go if we end up in small claims court? FLORIDA.
Hi there. Any help would be appreciated. We gave our tenant 2 copies of a lease asking that one copy be returned. Despite repeated requests, we never got a copy back. They now claim there was no lease. All other tenants have one which we can prove. They also bragged to other tenants that they didn't return it on purpose in order to get their security deposit back. They broke the lease months early and now want the security deposit in full returned.
Any idea how this will go if we end up in small claims court? FLORIDA.
Give them back their money and forget about it. They will be out of your life and you can move on. By the way, I don't know how long they have been living there but how come you never got your copy? You should have gotten it if it was so important to you. From what you say it sounds like you have caused this yourself.
what would happen if you kept the deposit and they took you to court? how would they not present the lease in court? call their bluff. just make sure you go through the proper steps in your state for tenants who break leases, like maybe you have find someone as soon as possible to take over their apartment and charge only for the time vacant.
Never give a tenet the keys until all I's are dotted, and T's are crossed, utilities in their name, all moneys paid, all papers signed and returned, etc. Living on promises will kill you every time... They never planned on returning the lease, it should have been signed in front of you, not taken away to return later.. that was a red flag.
You will probably prevail in court, I bet they wouldn't show up...
Sounds like they are scammers who know how to play the game... Hard to beat people like that..
i agree with Nayabone. Never give out the keys until all is in place. lease signed, deposits paid, rent paid. If they want to take the lease and read it and sign later...fine...no keys until it is signed. And no one ever pressures me into letting them have the lease on the day of move in. If your in that much of a hurry, then there is something wrong and your not moving in.
And no taking first month's rent at the property at time of move in either! They pay the rent a day or two before, or at least in your office that day (cash if this is the case), and THEN they get to move in.
I vote with call their bluff. If more people did that to them every time they pulled this kind of scam, they wouldn't do it so much.
If they didn't sign the lease then they're technically on a month to month agreement and are required, depending on your state landlord/tenant laws, to give you proper notice (usually 30 days but sometimes 60).
Your state laws also proscribe how you deal with the security deposit. Usually you're required to itemize all damages to the leased premises and send them in writing to the tenant within 30 days of quit along with proof of damages and costs involved which you deduct from the security deposit.
If they have already left the premises and 30 days has passed without your providing them with details of any deductions then you have to return their full security deposit. Since you have other tenants, best you hone up on your state laws!
If there was no lease how can there be a security deposit. Not sure how they would argue that one.
How did they pay their monthly rent? Check or cash?
A security deposit isn't contingent upon a signed lease and there seems no dispute that the tenants actually did pay it. However, as noted above, if the OP didn't provide the tenant of any damages which he was deducting from that deposit within 30 days of quit then he has to return it in full.
If he doesn't do so and the tenant makes a claim against him the judge will likely favor the tenant because the rental agreement will be legally considered a month to month and the basic rules about security deposits apply. State laws supersede leases or any other kind of agreement. Hopefully a lesson well learned in this case which will make the OP a more astute and knowledgeable landlord in future!
Sorry to say, but you have learned your lesson the hard way. Never give the keys unless the lease is signed (sec. deposit paid in full) and you got the orginals back by mail. Never sign your self unless the tenants have signed the lease to prevent the tenants to change anything on the lease and later have an issue due to that.
Mostly I meet the tenants to sign the lease, if that is for a reason not possible I would sent one copy unsigned by us and sign after they have returned it, than I make copies and either scan and email them, fax them or leave them at the property.
I make tons of pictures with dates on them before they move in...just to be sure.
Not all tenants and LL are bad, but there are ones who try to be one step ahead and it seems you have met tenants who know a little bit how to work the system...
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