Tenant keeping keys/Requesting deposit

Tenant keeping keys/Requesting deposit by Anonymous (Colorado) on June 15, 2012 @23:26

Today marked the day for our tenant moving out as per his 30 day notice. We own the property and it is also our main residence, he was renting one of the bedrooms. We had a lease written up that he signed and fully agreed on as a month-to-month basis, and is now demanding his deposit in a "NOW" kind of manner.
This is our first time renting by lease, In the lease it does state that we have 14 days to return the deposit. The tenant left trash in cupboard, and stains on the carpet in the room. The tenant also refuses to return the keys to the house/mail keys and is threatening that he will not return them till the deposit is returned.
Our question(s), because the tenant threatened with small claims court, would this case be in our favor? The tenant seems he wants to "play hard ball" and we feel we have done nothing wrong and are considering letting this issue go to small claims. Can we continue to charge the tenant rent -prorated daily - each day the keys are not returned? And can we charge the tenant to have the post-office come out and change the mailbox keys?

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Re: Tenant keeping keys/Requesting deposit by Anonymous on June 15, 2012 @23:42	[ Reply ]

You can charge the tenant rent until he returns to the keys or you can have the locks re-keyed or changed and charge his security deposit because he is willfully withholding property to try to force you to return the deposit without inspection. You can quote the tenant Colorado's legal statute: 38-12-103. Return of security deposit. (1) A landlord shall, within one month after the termination of a lease or surrender and acceptance of the premises, whichever occurs last, return to the tenant the full security deposit deposited with the landlord by the tenant, unless the lease agreement specifies a longer period of time, but not to exceed sixty days. No security deposit shall be retained to cover normal wear and tear. In the event that actual cause exists for retaining any portion of the security deposit, the landlord shall provide the tenant with a written statement listing the exact reasons for the retention of any portion of the security deposit. When the statement is delivered, it shall be accompanied by payment of the difference between any sum deposited and the amount retained. The landlord is deemed to have complied with this section by mailing said statement and any payment required to the last known address of the tenant. Nothing in this section shall preclude the landlord from retaining the security deposit for nonpayment of rent, abandonment of the premises, or nonpayment of utility charges, repair work, or cleaning contracted for by the tenant.

Re: Tenant keeping keys/Requesting deposit by Anonymous (Ohio) on June 16, 2012 @00:51	[ Reply ]

I would not play to this tenant's threats. Another way to handle the mail is get the mail as soon as the mailman drops it off, as some mailmen tend to pass around the same time every day. Just take his mail, write on the front of the envelope 'moved, not at this address", and drop it in the blue, delivery box in town. I would tell him you want it to go to small claims. And go, along with the original signed lease. You may want to take pictures of the cupboard and carpet, a cleaning estimate from the local steam cleaning company, as well as the cost estimate of a new lock for each key he didn't return. I like to have some supporting evidence with me when I get to small claims court.

Re: Tenant keeping keys/Requesting deposit by Anonymous on June 16, 2012 @01:35	[ Reply ]

I'd change the locks and take it out of his deposit.

Re: Tenant keeping keys/Requesting deposit by Jake on June 16, 2012 @09:58	[ Reply ]

If your state allows rent due to be taken from the deposit you may deduct current rent owed from the deposit along with repairs, cleaning and damages. And, if your state allows 30 days for the return of the deposit you should not limit that time to 14 days in your lease. Two weeks will not always be enough time to perform cleaning and repairs and still get the settlement statement out. About the key...if your tenant is completely moved out and especially if the utilities are turned off, you may assume the rental is abandoned and change the locks. As others suggest, you may bill the tenant for the new locks. Do not be intimidated by tenant threats to take you to court.

Re: Tenant keeping keys/Requesting deposit by Robyn (fl) on June 21, 2012 @19:05	[ Reply ]

Change your house locks and the mailbox locks. Deduct the cost of locks and cost of any cleaning/damanges from security deposit. Send notice of deductions and remainder of SD per your state law. If tenant is unhappy with that, tenant can sue. If you deduct anything for cleaning/damanges you will need to have proof of the need with before AND after photos that are dated. If you don't have before and after photos for proof, then you can't proove the damamges were from tenant.