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sun_beachsea | Returning a deposit to a tenant? |
Hi
I am trying to understand the rules about returning a deposit. I have a tenant who has been smoking heavily in his room, spent about two weeks sleeping on the bed without a sheet and has been drinking the alcohol in the house that belonged to the landlord.
Does the landlord, who also lives in the house, have the right to withhold part of the deposit in order to have the room cleaned, the mattress cleaned and replenish the alcohol?
The tenant has used some sort of "off-the-shelf" cleaner which has masked the smell. He says he has cleaned the mattress with soap and water.
When does the deposit have to be repaid? Immediately or shortly after? how long is acceptable?
Does the landlord have the right to ask that the room is industrially cleaned? that the mattress is professionally cleaned? that the alcohol is replenished? The tenant has cleaned the room but it now smells of cleaner and the fear is that this is masking the smell of cigarettes which will resurface in a week or 2. |
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jjodom1010
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You are allowed to do anything that is stated in the lease agreement. If there are no specific details regarding how much of the deposit will be taken off due to cleaning, then use your best judgement or call someone who specializes in the cleaning to get an estimate. If you did that, at least you would have proof of why money was deducted from the rent and how much. Definitely take pictures before you start cleaning. I'm not sure about how long after the tenant leaves that the deposit is required to be given. I'm almost sure its usually 30 days. If the tenant was a heavy smoker, more than likely the walls, windows, and any window decorations will have to be cleaned as well. This could get really expensive. Definitely make sure you have proof, no matter what else you do. Pictures, bills, estimates, etc. |
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gz_1st_lady
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There are likely state laws governing your time period of returning the tenant's deposit. However, you may be entitled to hire your own professional cleaning service if you believe that you have just cause, and then taking the cost out of the deposit. However, for clarification purposes, always put this into the contract (i.e., that the cost of cleaning will be deducted from the prospective tenant's deposit prior to reimbursement).
I doubt that you can legally keep the money from the alcohol consumption. My advice would be to make these rules clear for future tenants and chalk it up to experience this time. However, the mattress cleaning and room "sanitation" are recoup-able. Just save your own butt and take pictures before and after and document everything, including an estimate/cost analysis from a cleaning company following an in-home estimate. This way, if he decided to take you to court, you would have grounds for your decision. |
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Kevin E
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It depends on the local laws where you are, as well as on the terms of your lease.
Here in California, the normal deductions from a security deposit are for unpaid rent, and for cleaning and repairs to restore the property to the condition in which the tenant originally received it, except for ordinary wear and tear. Ordinary wear and tear means deterioration that would have occurred as a result of any reasonable person living there, and it particularly applies to paint and carpets which have a limited expected lifespan.
You can have the room industrially cleaned at the tenant's expense IF it was industrially cleaned at the time he moved in. Same for the mattress. Otherwise, you can charge for the amount of cleaning necessary to restore it to move-in condition less ordinary wear and tear. I wouldn't charge him for the alcohol. |
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redbeansandrice
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Google it for your state. It could bite you like it did us in CA. The laws here are more in favor of protecting tenants, not landlords. You should really research it. |
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Marty K
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I would THINK that you would have the right and you obviously do according to the Laws of Common Sense. If he doesn't object, then you wouldn't have a problem, and to the extent he does object, then you'd need to be prepared. Don't know what else to say, the laws vary from state to state. |
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seanachie60
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huh? |
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Stacy H
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Unless you stated in your lease or contract that there was no smoking there is nothing you can do...as far as the mattress goes I would say it would be reasonable to keep a small portion to get that cleaned where he did not use sheets. You cannot keep money to replace alcohol....if someone allowed him to drink the alchol you cannot expect reimbursement. He gave you the deposit when it was required...now that he is gone you are required to return it. |
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★★gone♦fishn'★★
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Depends on the original contract......if its considered damages or cleaning and its in the contract, then withold what it will cost to correct the problem...... |
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patrickmcc55
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you rented a room to a heavy smoking alcoholic slob, and you want to know aboutthe security deposit? I'd question your sanity first, but here's the answer.
If you have a signed lease with the tenant, then you must abide by the terms of the lease. If the lease is for a period of time other than a month to month, you may not evict him without a court order. You will need to show in court that he violated the terms of the lease (such as smoking is prohibited). If you do not have a signed lease, then you may evict him, and you may keep his damage deposit to clean the room of smoke. You will need a written receipt for the work done. You may not deduct funds for stolen alcohol, unless you have pressed charges against him for petty larceny. (probably not worth the bother). I'd give him a slide on the mattress as well. |
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andie0910
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Most states have a time limit on how long the landlord has to return a deposit. Here in Arizona landlords are required to return the deposit within 14 days after the lease ends - your state may be different. If you are planning on charging the tenant for the damages, you will have to document them in writing and send that document with whatever money you return. I would recommend having either receipts or estimates to back up whatever you plan on charging your tenant for damages. Keep in mind that a judge may have issues with some of the items like the alcohol. Cleaning fees should not be a problem - just have those receipts to back them up. |
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BlueyedAngel
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Depends on what state you live in since it's usually regulated by state law. Best bet is to look online for your states Landlord/ Tenant Laws, but you better do it fast since there is a time limit to return the deposit or send them a statement as to why you kept it. |
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ynda301
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Most of it depends on city and county laws, as well as your rental agreements. Check your city and county ordnance's. You may also want to check with rental regulators in the area. Good luck. |
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tacoma_fast_ball
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You Know that's what happens when you open your home to a stranger.
you profited off this guy but judge his lifestyle who cares about the deposit.
GET A LIFE |
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