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security deposit - Landlord Forum thread 336926

security deposit by Grace on July 3, 2015 @22:36

                              
First time being a landlord, and the former tenant threats to sue me for the security deposit. Rented out a sfh to a couple who said they were engaged. They signed a one year lease with two months security deposit. The guy's mother lived with them as an occupant. Their lease expired on June 30th. They didn't pay the last month's rent, didn't give us 60 days written notice, till i texted them in May to confirm that they would not renew their lease. I also send them a "Move out instruction" letter by certified mail. What we didn't know was that the lady had already moved out without letting us know.

The guy moved his stuff out on the lease expiration date, but didn't return the keys till next day afternoon while I was in the house doing a move out inspection. He also left some garbage and trash in front of the house, and in the basement.

On the day I was doing the inspection, I found out that the former tenant had a satellite dish installed on the roof without our consent. The former tenant also claimed that he was dog-sitting for his brother who lost his house and he kept promisng he would have the dog removed when my husband saw he had a dog.

After the former tenant had left the keys on the kitchen counter, and told me he would take the garbage with him, he then asked me about the security deposit. I explained to him that in addition to the broken window, and one of the staircase railing and a post damaged by the dog, they have one month unpaid rent, plus late fee and charges as stated on the lease. This guy immediately got angry and said he would take me to court. He was saying "I will see you in court" again while he was storming out of the door and then he threw a dog toy to the front yard. He didnt take the garbage and trash with him.

I have kept their security deposit in a separate bank account with interest, though I haven't received his forwarding address yet, I am preparing the itemized security deposit statement. I would appreciate any advice I could get to handle this matter correctly.

1. Could we deduct the repairing expenses if we do the repairing work ourselves? Or receipts have to be provided for any charges?

2. What steps should we take for the unauthorized installation of the satellite dish and drilling and wiring done to the siding and floor, and if we remove the dish ourselves, can we deduct the charg? We use LPA lease, and there's no clause regarding the satellite dish, but the lease states that "Tenant shall not install or authorize installation of any wiring on the premises which requires the drilling of holes into the dwelling without landlord's written consent."

3. Cleaning fee - under the "cleaning fee" ckause on the LPA lease, a cleaning fee of $300 is to be paid by tenant in the case of an authorized or unauthorizedbpet residing at the premises during the term of the lease. Should i deducu $300 cleanibg as stated on the lease for the unauthorized dog, or it's better deduct tge actual ckeaning cost?

4. Waiver clause - there's waiver clause on the LPA lease stating that "no failure of owner tobenforce any term hereof shall be deemed a waiver..... " I would like to know if this clause is enforceabl.

As a newbie, we have made some mistakes and hope to learn from them. I certainly don't want to feel defeated by my first but not so positive experience as a landlord.

Hope everyone has a wonderful 4th of July weekend!

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Re: security deposit by Grace on July 3, 2015 @22:37 [ Reply ]
the state is CT. Thanks!
Re: security deposit by Joel on July 4, 2015 @00:01 [ Reply ]
1. Yes. Be detailed but reasonable in your security settlement statement and have it delivered to the ex tenant within the state security return time period

2. Charge accordingly for repairs and cite the lease clause (i like to copy the clause) in the settlement statement with the charge

3. Cleaning is hard to enforce in court, so if it is BEYOND normal wear & tear, have pictures and a detailed cleaning bill in your paperwork if you plan to be able to enforce it

4. Everything is enforceable and unenforceable in court.... it just depends on your judge.

My advice, stay out of court. In the real world, you need to be an adult and try to settle things amicably regardless of what is in the contract.

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