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melnel2001 | Refund of rent and deposit question? |
I rented a private room and bath in my home. Three days after tenant moved in,she moved out without notice. She left me a nasty letter (full of false accusations) stating that I did not provide her with peaceful enjoyment. Except for our initial meeting to see the space and some emails, the only time I saw and spoke with her was on the day she moved in. She did not voice ANY concerns she had about the room or the environment. We have a written, signed and dated rental agreement, which included the forfeit of her security/damage deposit should she vacate the property without providing a proper 30 day notice to vacate. She also paid a prorated rent for 10/16 to 10/31. She is demanding a full refund, less three days rent. Do I owe her anything? |
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ranger_co_1_75
 |
You can not collect rent twice for the same day or days. So if she moved out on the 3rd and was paid up until the 30 th, you can keep the 27 days rent. In the security deposit, you can keep 3 days rent to finish the 30 day notice period.
To keep the balance of the deposit, you will need to itemize damage other than normal wear or tear.
Be sure to provide the ex-tenant an itemized list of any money with held from the deposit ( 3 days rent) and any other deductions you made. There is a time limit requirement for providing this list. In most states if you don't meet the statutory time limits, they are entitled to the deposit and a penalty.
Check your States tenant Land Lord laws to see what the time limits are on providing the itemized list of deductions and returning the deposit. |
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reenzz
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No..you don't. She owes you what was stated in the lease. She may even owe for the full month of of November for failure to give proper notice. |
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Cheyenne
 |
You owe her nothing. |
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Jayme_25
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Ha. Tell her she cant live for free! Who the hell does she think she is? ITs called a contract you cant break the contract just because she felt uncomfortable. Tell her she aint gettn **** back its called a forfeit...tell her to read the contract AGAIN. LOL |
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oy vey
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Nope. She signed and agreed to the terms of the contract.
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bouncinaround
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nope you dont owe her anything. if you had a lease agreement,(dont know if you do) and she left before that was up then she wont get any of her deposit either, on top of what everyone else has said. |
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schwildcat1977
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No, you owe her nothing. She broke the lease and has to pay the penalties stated in the lease. |
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Gertie
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Wow sticky situation. You don't owe her any of the rent back since she didn't give proper notice to move out. since she was there only 3 days you might refund her security deposit just to be nice. However if your signed rental agreement specifically states she would forfeit her deposit if she doesn't give proper notice then she doesn't get anything back.
What you need to do is follow your states laws and send her a letter right away stating why she isn't getting her deposit back. The pro-rated rent was RENT and nothing more she lost that when she left without giving proper notice. make sure you send the letter certified mail return receipt requested. |
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just me #1
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no you do not owe her anything. |
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golferwhoworks
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not a dime |
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