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Re: Tenant Broke Lease-Security Deposit Statement
by Garry
on March 14, 2021 @12:55
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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.
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Re: Tenant Broke Lease-Security Deposit Statement
by Deborah
on March 14, 2021 @20:01
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The Lease Agreement clearly states if the tenant doesn't fulfill all obligations of the lease the security deposit if forfeit. Since she broke the lease early she hasn't fulfilled all of the lease obligations.
The Lease Agreement is also clear that the Security Deposit cannot be used towards rent, that she is responsible for rent until I find a new tenant, and the difference in rent until the end of her lease term if I cannot rent it out again for the same price. I have close to 100 pictures of the condition of the property when she moved out.
Since the Security Deposit is forfeit to begin with she is starting at a $0 credit balance for her Security Deposit. In other words , there is no credit that can be used towards everything else she owes.
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Re: Tenant Broke Lease-Security Deposit Statement
by Garry
on March 15, 2021 @10:14
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I think you are wrong about the SD being "FORFEITED", just because that wording is in your signed lease, and the T broke parts of your lease. I doubt you will find the word "forfeit" in any state laws anywhere in the country, regarding the SD. Remember, your State LL/T laws override anything that is in your own personal lease. If your LL/T laws don't use the word forfeit, you can't either. Wordings in private leases cannot be "stronger" or "more punitive" than a state law allows.
I do agree with you that there are all kinds of things you can charge against their deposit. But you must start out with the actual SD amount (not $0), and then start claiming all kinds of deductions against it. I would suggest you re-read your state LL/T laws before you send out the SD statement to your former T. Once you send that statement out, that's what a judge will want to see in court. And you don't want to be wrong on your statement that a judge will be scrutinizing.
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