Tenant Broke Lease-Security Deposit Statement - Landlord Forum thread 361169

Tenant Broke Lease-Security Deposit Statement by Deborah on March 13, 2021 @18:37

Hi all,
I have a tenant who broke her lease. The Lease Agreement states since she hasn't complied with all the terms of the lease she is not entitled to a return of her security deposit. How would you word the security deposit statement that basically says "you broke you lease early, you don't get your security deposit back".

I don't want to get into the other issues right now with her that include other lease violations like not paying rent, smoking in the house, having someone else living there that was not on the lease, not cleaning the house upon move out, etc. Those will be addressed in small claims court after I've mitigated my losses and gotten a new tenant in there.

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Re: Tenant Broke Lease-Security Deposit Statement by Garry on March 14, 2021 @12:55	[ Reply ]

You are probably going against your own state's deposit laws if you simply say " you broke the lease, so you don't get your deposit back ". Most all states say the LL must show/prove ACTUAL damages in their SD statements. So cleaning and repair costs need to be shown, sometimes in detail, and then a total/final amount subtracted from their deposit. Rent owed you, can also come out of the SD. On your SD statement, if you need to put down 2 dozen lines of various costs coming off their deposit, then do so. The more detailed, the better. Remember, when you go to court, the judge will want to see that list, and ask both you and your former tenant questions about it. Take pics of all the damages and unclean surfaces first, before doing anything. Try to have a witness with you also. Then send the SD statement out within 30 days (preferably sooner) after the T has moved out. Send it both regular and certified mails. Be HONEST in all your costs, because if a judge feels you are "overcharging" the T for things, he/she may throw out the whole thing.

Re: Tenant Broke Lease-Security Deposit Statement

Re: Tenant Broke Lease-Security Deposit Statement by Robert on March 19, 2021 @14:52	[ Reply ]

Your security deposit letter to tenant should subtract the needed cleaning, back rent, repainting to cover up smoke smells. You dont ever get a blanket I'm keeping your deposit. In my state if you did that the judge would rule against you for triple the amount you withheld. The judge will only care about damages you can prove.If it takes you a while to rent he may give you a months rent. Next tenant insist on a credit check and only rent to qualified people. You can put a clause in your next lease for early termination. You can usually ask for 1 month extra rent.

Re: Tenant Broke Lease-Security Deposit Statement by Daniel (CA) on March 31, 2021 @16:54	[ Reply ]

SD is never forfeited like that anymore, watch judge judy for a week and look at tenant cases SD etc.... you can only deduct in most states for damage and unpaid rent. &with covid there are more traps for LL's.