Does tenant deserve his rent deposit refund?!

My, i wish i get a tenant like you, one who takes enough care of the property like its theirs, on the part of becoming a landlady...it came with inheritance and a dying mother's wish/want...never saw myself as a landlady in my entire life...its been an uphill climb, a learning curve and many bitter mistakes that have made me stronger because the next tenant coming in...will see a different side of things and will have to abide by the laws put in place.

 

Thanks! I think it is unfortunate that there are some people who don't respect property that isn't theirs. I would hope most people know how to be proper tenants and act as adults in situations like these, but I guess there are always a few that make things difficult. This goes both ways of course as there are landlords out there that give the rest of them a bad name too. Doesn't seem like an easy job though, but I think as you say it is a learning process and things will get easier. Good luck with your properties!

 

Well, it depends on how clear your terms and conditions are prior to him starting the rent. If it was clear what conditions you would take the deposit for, then I guess he should not be expecting any refund. It really depends on your agreement at the beginning.

In general, however, yes, deposit is intended for those types of cases where the owner needs to fix something with the house.

 

Was it really that bad?

He must have some big brass balls to demand a deposit back after that.

 

Thanks pascual, i need all the luck i can get at the moment...yes, i know things will get better in due time ...still crossing my fingers i get someone like you for a tenant, its been enough hell already!

 

He claims he didn't do all that damage...the nerve of him...giving him time out to come to his senses and yes he's not getting a penny from me...he might as well dream on.

 

A tenant does not deserve their deposit as long as they have , messed up the property, in that it is not in the same condition as it was when they moved in, the deposit is to be used to repair whatever they damaged, so there is no chance of getting their deposit back.

 

He can claim whatever he wants, but if you have the records of how the house was he can't fight that, he will not be refunded of his deposit because there is a break in the contract.

 

Ultimately in a court of law the only thing that matters is proof. You'd have to have a clear record of what the place looked like before he moved in and then be able to compare those photos to what the place looked like after he moved out. Once a judge sees that, if it comes to that, it's pretty hard for him to argue his way out of it. However, as someone else mentioned if he was there an extended period of time like years and the place deteriorated during that time it could be considered normal wear and tear because you also have a responsibility to maintain the property.

 

If you took proper pictures of the apartment before the deadbeat moved in and the damage is well beyond normal wear and tear I would refuse to give it up. If they attempt to bring you to court you might have a very good case. Be sure to check for things they attempted to cover up like holes in the wall, water damage or other things. If you're lucky they might just consider it a lost cause and let it go. Court can be a pain and if the deposit isn't too large they might not bother.

Like a lot of things in life, it's being prepared and having CYA material.