Seeking advice re: Security deposit - Landlord Forum thread 179591

Seeking advice re: Security deposit by Ivan (NY) on May 29, 2009 @22:24

My former tenant (in a month-to-month rental) gave me 2 weeks notice that he was going to vacate the premises (in violation of the lease). Then he left without paying any rent, leaving the security deposit (in violation of the lease). Now, three months later, he wants half of his security deposit back. I do not believe he is entitled to any of it. He mentioned to my wife that he's hiring an attorney and further mentioned that I had better have kept the security deposit in a separate account. Does anyone have any advice regarding above?

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Re: Seeking advice re: Security deposit by Ivan (NY) on May 29, 2009 @22:37	[ Reply ]

I forgot to mention that the month-to-month tenancy was converted from a lease agreement that I extended to him that expressly states "Security is not to be used as rent".

Re: Seeking advice re: Security deposit by John (NY) on May 30, 2009 @00:44

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I wouldn't worry, Ivan.
I would send him a Security settlement Challenge Crusher letter, that is, IF he left you a forwarding address.

If you don't already (because you should), it might be a good idea to have a filled out Security Settlement Statement dated within 30 days of the moveout (And preferably sent certified to the tenant or last known address) itemizing the lease violation(s),
insufficient notice to vacate,
lost rent,
any damages and other expenses related to the breach of the agreement.
This will be a very important document in the event you have to answer any claims in court.

Good luck.

Re: Seeking advice re: Security deposit by Anonymous on May 30, 2009 @19:05	[ Reply ]

I concur with John (NY). I wouldn't worry too much, but it is a good idea to be prepared just in case. If you didn't send a letter certified, it is not ideal, but OK, so long as you sent a letter. Even if you wind up having to go to court, and IF on the off chance you do not have a letter dated within 30-days of his leaving, the ex-tenant would not necessarily automatically get his security deposit back. It all depends on the situation. And if he does decide to sue you, don't forget to file a counter-suit for "X" amount of damages/rent charges so that if you are required to give back the security deposit, this will be counter-balanced with your judgment. Some judges are stricter with the counter-suit thing than others, which is why I suggest doing it. Hopefully, though it won't come to it.

Re: Seeking advice re: Security deposit