Re: Seeking advice re: Security deposit - Landlord Forum thread 179609

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

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.

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Re: Seeking advice re: Security deposit by Ivan (NY) on May 31, 2009 @20:42	[ Reply ]

I downloaded the Settlement Crusher Letter and was tailoring it for my situation. It doesn't apply now because I just received a certified letter from an attorney representing my former tenant. It basically states that his clients want half their security deposit returned. Aside from the damages issues, Do I have a leg to stand with a response that since their notice of vacating was merely two weeks (not a month), there was insufficient time for me to re-rent the premises, so I was out two weeks rent?

Re: Seeking advice re: Security deposit by OK-LL on June 1, 2009 @00:14

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Assuming you were on a month-to-month rental agreement, your response should be that the tenant provided his notice on May 15, 2009 (for instance) and was therefore obligated to pay rent through the 30-day notice period required by your lease/rent agreement through June 15, 2009, (and again, this assumes that you are not in a state that requires payment through the next full term, in which case the vacancy would terminate on June 30) and in addition the following charges for damages were assessed to the SD (then list the charges).

If you were on a 1-year lease agreement and he violated the lease by early termination, then you can keep the entire SD for lost rents and damages, and sue him for any remaining rents or expenses not covered by the amount of the SD.

Good luck!

Re: Seeking advice re: Security deposit by OK-LL on June 1, 2009 @00:16	[ Reply ]

1-year lease -- lost rents are tenant's responsibility up to the date of re-leasing (no double-dipping on the rent).

Re: Seeking advice re: Security deposit