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Ok, this is a strange one. And I hope it makes sense.
I am helping my elderly neighbor with a lease that she has in place for her old apartment.
The tenants are moving out at the end of their lease. They have been there about 4 years.
The lease states that they paid first month rent AND security deposit. Neighbor is claiming that no, the security deposit is first month AND deposit.
So I show her that it's outlined clearly on the lease that she received check for first month and also check for sec deposit. She says she checked her records and has every entry in her quicken file and she has only ONE entry for the date of lease and that the one entry shows rent and sec deposit. No other separate check for rent.
She told me she's going to ask them to prove that they paid it by getting a copy of both checks from the bank.
Now, I told her that no matter what - they have that piece of paper (lease) stating that she received a total of 4K and she can't ask them to prove anything since they just have to show the lease. I believe I'm correct on this.
I'm thinking she can go to HER bank to check from 4 years ago to see if there are 2 checks on file for that date (just to give her a piece of mind).
Just go through her bank statements or online banking and do all of the accounting. There should be no reason to contact the tenant to do all of that work unless you discover for absolute certainty that all of the money is not accounted for first. That way you have concrete proof IF you need to get the tenant involved.
Ok, this is a strange one. And I hope it makes sense.
I am helping my elderly neighbor with a lease that she has in place for her old apartment.
The tenants are moving out at the end of their lease. They have been there about 4 years.
The lease states that they paid first month rent AND security deposit. Neighbor is claiming that no, the security deposit is first month AND deposit.
What? You do realize the bold part says the exact same thing twice right? The lease says they paid first months rent and the deposit but the landlord says they paid first months rent and the deposit... it is the same thing. Stop trying to help your neighbor if you can't understand very basic English please. Maybe if you said what the argument is or what you are trying to do...
Quote:
Originally Posted by toopie28
So I show her that it's outlined clearly on the lease that she received check for first month and also check for sec deposit. She says she checked her records and has every entry in her quicken file and she has only ONE entry for the date of lease and that the one entry shows rent and sec deposit. No other separate check for rent.
She told me she's going to ask them to prove that they paid it by getting a copy of both checks from the bank.
Now, I told her that no matter what - they have that piece of paper (lease) stating that she received a total of 4K and she can't ask them to prove anything since they just have to show the lease. I believe I'm correct on this.
The lease is not a receipt. As such you can't just show the lease because it only shows what a tenant should have paid and not what a tenant actually paid. The tenant can get a copy of the cashed check and submit that as proof of payment it would be up to you to take that copy to your bank at the time to determine if the funds were actually put into your account.
Quote:
Originally Posted by toopie28
I'm thinking she can go to HER bank to check from 4 years ago to see if there are 2 checks on file for that date (just to give her a piece of mind).
Thoughts?
You guys seem to be arguing over the number of the checks which doesn't mean a damn thing. Amounts and purpose of that amount is the ONLY thing that matters. Did the tenant pay rent in full plus the required security deposit?
What? You do realize the bold part says the exact same thing twice right? The lease says they paid first months rent and the deposit but the landlord says they paid first months rent and the deposit... it is the same thing. Stop trying to help your neighbor if you can't understand very basic English please. Maybe if you said what the argument is or what you are trying to do...
Yeah, I saw that too hence the reason I gave the advice I did.
Don't matter IF its 1 check or 2. Just look for a Bank Deposit = to the total of Both 1st Months rent at the time & Deposit.
Sounds to me the Tenants what to Use the Deposit AS their Last months rent... No Correct. They Need to Pay the Last months Rent & Your Friend will need to get the Apt ready for the next tenant Any Repairs Beyond Normal wear is deducted from the Deposit. Your Friend will need to return what is Not used for repairs & send them a list or repairs she had to do. You need to check the State Laws on how long she has to do this in. Most seem to be 30 days AFTER the Tenant Moves & turns in the Keys.
After reading it over a gazillion times I think what the OP might be trying to say is that the security deposit itself actually equals 2 months rent vs. the lease stating they paid their first month's rent PLUS a month's rent for deposit and they are just saying it weird.
So if that is the case then:
Lease is stating they paid their actual first month of rent + one month rent for security deposit when lease was signed however, LL is stating/thinking they paid 2 month's worth of rent for security deposit (equaling 1st month + a month's rent).
IF the LL is correct in what they are thinking then the tenant should have paid 3 months total when the tenant signed the lease. (1st month's rent + 2 months of rent as deposit). They are just wording it weird in the OP.
So there is a difference however, nonetheless, they still need to go through the LL's bank statements to make sure every month of rent is accounted for and whatever is left over would be the total deposit amount.
I personally feel that the tenant paid their 1st months rent to cover the first month and a total of a month's rent for security deposit based on what the lease states.
Okay, now that just all sounded like an Abbott and Costello routine
Difference is the Tenant is Claiming the SD as Rent!
You have absolutely no way of knowing that. It was not stated by the OP nor does the lease state anything of the sort. The wording is beyond ambiguous as well as the OP.
IF the LL feels that the 2 months the tenant paid initially is all for security deposit then it is beyond strange that the LL didn't also collect the first month's rent.
Oh crap. I don't explain it well. But you kinda did Corn-fused
Ok, here goes.
Lease shows the following:
OWNER acknowledges receipt of the first's month's rent of $2000.00, Security Deposit of $2000 for a total payment of $4000.00
Neighbor claims that she just received $2000.00.
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