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I have a problem. I have a tenant whose dogs have destroyed the apartment. The cost of repairs will be much more than the security deposit. He's leaving in two weeks.
Well, I was shocked to receive an email today asking me what's the process of the deposit return? I just assumed that he knew he wouldn't be getting it back. He knows that I have seen the apartment and that I'm aware of it's condition, although I haven't discussed it with him.
This guy is somehat hot-headed. Although a lot of damage was done, there is much more that can be done. I don't know how he expects me to answer his question or how he will react when I tell him that he won't be getting that deposit. Since he would have nothing to lose I'm afraid he may destroy the rest of the apartment.
I'm thinking about telling him that after repairs are done, he will get the balance of the deposit after the costs are deducted. But I can't see how he doesn't know that those costs will easily use up the deposit amount. I fear that he may have someting up his sleeve.
I'd give an indirect answer should he ask again. Tell him the amount of security deposit return is always dependent on damages.
If he gets disorderly file a police complaint.
Make sure to do an inspection of the unit with the tenant present and take photos or have your movie camera going. For your protection have someone else present, I wouldn't go alone.
you follow the procedures outlined in your laws about security deposits. you may have to do thinks ina particular order and timeline. many new landlords make the mistake of not followig the laws as it is written. if you don't know the laws, you better find out real fast.
I have a problem. I have a tenant whose dogs have destroyed the apartment. The cost of repairs will be much more than the security deposit. He's leaving in two weeks.
Well, I was shocked to receive an email today asking me what's the process of the deposit return? I just assumed that he knew he wouldn't be getting it back. He knows that I have seen the apartment and that I'm aware of it's condition, although I haven't discussed it with him.
This guy is somehat hot-headed. Although a lot of damage was done, there is much more that can be done. I don't know how he expects me to answer his question or how he will react when I tell him that he won't be getting that deposit. Since he would have nothing to lose I'm afraid he may destroy the rest of the apartment.
I'm thinking about telling him that after repairs are done, he will get the balance of the deposit after the costs are deducted. But I can't see how he doesn't know that those costs will easily use up the deposit amount. I fear that he may have someting up his sleeve.
Any suggestions before I respond to his question?
Look up your state law. Say whatever it says.
For example, in my state, I would say,
"As per state law, and your lease, a walkthrough will be done to determine damages, repairs will be done, and within 30 days after you vacate, you will be sent an itemized list of damages, along with either the remainder of the deposit after deducting for said damages, or a bill for the difference if damages exceed deposit."
However, you need to think about how you are going to address the move-out walkthrough. You can figure he is going to ask how much damages are going to cost at that point. Personally I would just list out the damages, and tell him you will be sending him the cost breakdown within 30 days, (or whatever your state law is), as per state law. You might want to bring someone along, and have them wait outside as backup, if the guy is super volatile. Oh, and you'll want to take photos at move out, in case you have to prove damage later.
We've had tenants insist that having a pet deposit meant that we can't withhold more than that amount for pet damage, even though our lease clearly says that total deposit is not total liability, and any form of deposit may be used for any type of damage. Maybe he is thinking since the damage is dog damage, that the rest of his deposit is going to be refunded. Make sure you know the laws for your state on handling deposit correctly in this matter.
Disclaimer: I am not a lawyer, nor do I know the laws for your state.
I would say something similar. That when the walk through is completed together you will have 30 days to refund all or any part of a deposit depending on damages. Be careful though because like you said he could do alot more damage. Good luck.
"As per state law, and your lease, a walkthrough will be done to determine damages, repairs will be done, and within 30 days after you vacate, you will be sent an itemized list of damages, along with either the remainder of the deposit after deducting for said damages, or a bill for the difference if damages exceed deposit."
However, you need to think about how you are going to address the move-out walkthrough. You can figure he is going to ask how much damages are going to cost at that point. Personally I would just list out the damages, and tell him you will be sending him the cost breakdown within 30 days, (or whatever your state law is), as per state law. You might want to bring someone along, and have them wait outside as backup, if the guy is super volatile. Oh, and you'll want to take photos at move out, in case you have to prove damage later.
We've had tenants insist that having a pet deposit meant that we can't withhold more than that amount for pet damage, even though our lease clearly says that total deposit is not total liability, and any form of deposit may be used for any type of damage. Maybe he is thinking since the damage is dog damage, that the rest of his deposit is going to be refunded. Make sure you know the laws for your state on handling deposit correctly in this matter.
Disclaimer: I am not a lawyer, nor do I know the laws for your state.
Yes, I could quote him the state law and what it says in the lease. Although I would not want to imply that I may sue him for damages that exceed the deposit. That would almost certainly set him off.
My immediate worry is that he will react by doing more damage because he knows he won't get back his money. So I have to word it in the most mild terms.
Perhaps, but word it such that you are following your state's legal requirements, and follow the correct procedure. Otherwise you risk losing your right to keep the deposit.
I have a problem. I have a tenant whose dogs have destroyed the apartment. The cost of repairs will be much more than the security deposit. He's leaving in two weeks.
Well, I was shocked to receive an email today asking me what's the process of the deposit return? I just assumed that he knew he wouldn't be getting it back. He knows that I have seen the apartment and that I'm aware of it's condition, although I haven't discussed it with him.
This guy is somehat hot-headed. Although a lot of damage was done, there is much more that can be done. I don't know how he expects me to answer his question or how he will react when I tell him that he won't be getting that deposit. Since he would have nothing to lose I'm afraid he may destroy the rest of the apartment.
I'm thinking about telling him that after repairs are done, he will get the balance of the deposit after the costs are deducted. But I can't see how he doesn't know that those costs will easily use up the deposit amount. I fear that he may have someting up his sleeve.
Any suggestions before I respond to his question?
Every state has established landlord and tenant laws that set forth how things are supposed to be done. You should have had a walk-through inspection noting all deficiencies when the tenant moved in. It should have been signed by both of you.
In Missouri, the landlord has 30 days to conduct a post move-out inspection. They must notify the previous tenant and the tenant has the right to be present. During this inspection the initial walk-through paper work is compared to any damage that is discovered anew. Thereafter the Landord has another 30 days to tally up the damage, get estimates for repair, etc., and deduct these expenses from the damage deposit. He must then send a statement to the previous tenant, along with a refund check, if applicable or a bill for damages incurred.
If you do things the right way, and in accordance with the law, you don't have to worry about it. It's all taken care of for you. Now, I don't know where you live, but I would guess that wherever it is, there is a similar procedure on the books.
If you are going to be a landlord, it would behoove you to learn about these things.
Every state has established landlord and tenant laws that set forth how things are supposed to be done. You should have had a walk-through inspection noting all deficiencies when the tenant moved in. It should have been signed by both of you.
In Missouri, the landlord has 30 days to conduct a post move-out inspection. They must notify the previous tenant and the tenant has the right to be present. During this inspection the initial walk-through paper work is compared to any damage that is discovered anew. Thereafter the Landord has another 30 days to tally up the damage, get estimates for repair, etc., and deduct these expenses from the damage deposit. He must then send a statement to the previous tenant, along with a refund check, if applicable or a bill for damages incurred.
If you do things the right way, and in accordance with the law, you don't have to worry about it. It's all taken care of for you. Now, I don't know where you live, but I would guess that wherever it is, there is a similar procedure on the books.
If you are going to be a landlord, it would behoove you to learn about these things.
20yrsinBranson
The problem I have is not the state law, the walkthru, what it says in the lease, etc. I think every state has similar laws.
The advice I was seeking involves in how to sensitively approach this guy with the process and the law. As I said, the damage is such that I don't understand how he expects a penny of his security back. Something is up here. And he does have a temper. I don't want any more trouble than I already have given the big repair job I will have to do.
But several people have addressed the problem with some good suggestions.
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