Question for Landlords that are freepers

today | self

[Nifster]

Agreed. Didn’t pay attention to descrepancy of localities

[spokeshave]

Also..check state laws...for example in ca you have to have an accounting of final refund within 14 days of the Tennant leaving....otherwise tenant will go to petty claims court for a big refund.
Also check if renter is doing Airbnb on the side...usually prohibited in a rental contract.

[cpdiii]

Pay your lawyer 500 dollars to write up a simple contract. Hell, he has it on file in his computer and just needs to fill in the blanks. 500 dollars is cheap as compared to losing thousands because the contract was not written well.

[Larry Lucido]

Lastchance is correct. Not saying that Stan the Caddy isn't right sometimes, but not always.

Whereas I may charge, for example, a few hundred to review a lease and advise of the landlord's (or tenant's) rights and responsibilities and make sure the client proceeds to dot the i's and cross the t's going forward so as to limit potential losses and maximize recovery where possible - and in some cases negotiate settlements in advance. In Michigan, a landlord can be penalized twice the amount of the security deposit for failing to account for how the amount is applied against damages within a 30 day window.

As far as tax considerations, the same CPA who will do the landlord's taxes at the end of the year can answer all those questions about tax write-offs. Be sure to keep good records of all expenditures.

[Hugin]

Sounds like they are giving you a break. Your lease probably has a clause that released you from liability if they find new renters. You should read it. I hope everything works out for you.

[genghis]

Get tenant out first. Then sue the real problem is when tenant stays and or damahes proprty leaving early makes almost no difference. I own 10 houses something like this us not worth thinking about

[mac_truck]

Most likely outcome from keeping a tenant’s security deposit is that you will become a defendant in small claims court, especially if the tenant left property in good condition. Weigh the time and cost of appearing in court against the value of the security deposit. Don’t take for granted a small claims judge will rule in your favor either, especially if you’re from out of town. Small claims rulings can be as arbitrary as they are final.

[wjcsux]

I would keep the deposit and let the former tenant take it from there. Several years ago, I owned a 4-plex and had a tenant that wanted to leave after four months. I was happy to give them their deposit back just to get rid of them! They were damaging my property and upsetting my other tenants who threatened to leave. I actually saved a lot of money in the long run. Sometimes, it’s better to cut your losses and move on.

[scrabblehack]

But actually collecting is another story.
(Former landlord here, won in court, actually getting the former tenants to pay was difficult).

[dp0622]

Well if anybody on this board takes any of my advice on anything.

1. They don’t know me well on the board :)

2. They have bigger problems than taking advice from someone they don’t know who goes by the name of DP0622 :)

[logi_cal869]

I didn’t read the other comments, but trust me when I say that your first call Monday morning should be to the state Rental Owners Association to seek advice on the matter.

Do NOT take any specific, actionable advice in this forum on a legal matter unique to the laws of a particular state governing landlord/tenant laws, but if others have shared the basis of their experience with identical circumstances, save that knowledge to prompt questions on your part as you seek professional counsel.

Free advice.

[John S Mosby]

In FL the BEST Lease Agreement format and wording is the Florida Bar’s Lease form— which is updated annually. The answer, if one had this form of Lease— the wording is clear- it’s a 12 month Lease, the security deposit is NOT the last month’s rent (allowing the interpretation of “Last” to be left up to the tenant) but is an amount to be held in non-interest bearing escrow account, and be applied to any damages in the dwelling (barring normal wear and tear).

Don’t have a link but the standard FL Bar Lease Agreement covers this subject in clear language.

[trebb]

What does the lease say? Should cover all the eventualities on paper and with signatures..then you have a choice of collecting what is legally due or being ‘charitable’.

[bigredkitty1]

True. Even with a legal judgement, it could cost more to collect than could be collected.

[Lazamataz]

I am an attorney, licensed in the State of New York and Florida, so this is official legal advice. I will adopt you as my client.

You are entitled to nothing. You must give the deposit back, the last months rent, and offer to pay their move-in expenses at their next residence, to include security deposit, pet fees, moving-van and mover costs, new furniture if anything was damaged during the move, and you must place an advertisement in a local newspaper decrying yourself as a heartless and evil person.

Oh wait, that’s the New York law. Hold on....

Hey, wait a minute! I’m not an attorney! What was I thinking!

I’m an astrophysicist. I’m licensed to practice astrophysics in the NCG185 Globular Cluster. I have been specifically barred from working in either the Andromeda or the Milky Way Galaxy.

[tbw2]

I am a landlord. It depends on your state. However, you’re typically always allowed to keep their full deposit in this case - asking to break the lease early - UNLESS:
* they’re moving citing domestic violence
* it is a military member on deployment

Some states will have other categories who get an “out”.

When this sort of thing occurs, I’m willing to just keep the deposit, not pursue them for rent for the remainder of the lease. And I inform them that if they really clean the residence, they’ll get that part of the deposit back.

I’ve had good luck by saying that if you refer a good replacement tenant to me, you’ll get the last month rent back. I have to vet the person and approve it, but this has led to them referring good prospects and ending up with a replacement moving in a few days after they moved out. After all, if they’re moving, they want that last month back.

[minnesota_bound]

Just some rants : )
The owner here at my apt building vandalizes the cars of tenants (screws behind tires) who stay too long as they want the higher rent they charge new tenants (now almost $250 difference for me : ) They bad mouth them as well spreading rumors among other tenants.

I myself have caught one ‘manager’ trying to break in my place as I was on the other side of the door. His wife (not him) who ran off came up and said he was looking for water leaks! They also would take packages and keep them in the office where they are locked up and they do not tell the tenants where they are. I did some yelling plus put up a sign that says “Warning Security Cameras in Use” which stopped the stealing (so far). Those two are now gone.

I have seen renters leave that have kicked in the front door. We have had drug dealers that the police kicked in the door. Others who were hoarders. Others who blasted music , not 10 on the dial but 11 and up. Couples who fight and fight.

The owners had to be ordered to replace the wood shake roof due rain coming in (see my ceilings) and fire hazard. The laundry room sink regularly overflows. Currently have a door that has a broken lock like in missing half of it which is next to the main driveway gate.

My stock only has to go up some more and I can move to someplace much better.