Does tenant deserve his rent deposit refund?!

Discussion in 'Landlord & Rental Property Questions' started by dianethare, Jun 19, 2014.

  1. Gelsemium

    Gelsemium Senior Investor

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    Yeah, that is a good decision, before entering any deal we should get informed about everything about it so that we don't get any unpleasant surprises.
     
  2. dianethare

    dianethare Senior Investor

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    Preach unto the choir Gelsemium,you couldn't have said it at a better time than this, just messed up again but am going to relay this scenario when the dust has settled, boy, i have alot of growing up to do in the real estate arena {landlord&tenant issues} :(
     
  3. Kael

    Kael Guest

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    You should definitely deduct the damages from the deposit, with in reason of the damages. Depending on the rental laws of your state, it would be determined whether or not the tenant could take you to court to fight for the deposit. If the tenant can prove that the damages were already present and something that you neglected, he may have a case.
     
  4. dianethare

    dianethare Senior Investor

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    Awesome advice Kael, will be on guard with the next tenant, am grateful for all the advice i've gotten from this forum in that regard, its time to implement, i appreciate, gladly the issue has been resolved :).
     
  5. komodo

    komodo Member

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    Did you and the tenant do (and sign) an inventory of the property, including the condition of all furniture, fixtures and fittings at the time of entry and again when he was vacating it? That's the most straightforward way of recording the condition the place was in when he moved in, vs. the condition when he moved out.

    It certainly sounds like he will have to forgo his deposit, though, since you will need to use it to fix the damage he has done (I hope it's enough to cover it!)
     
  6. Muthoni

    Muthoni Guest

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    I moved out because of a lady tenant who was living above me. I am a neat person and took very good care of the apartment; I must admit that it looked better by the time I vacated than when I moved in. I even handed over the key on 20[SUP]th[/SUP] of that month to the landlord. They gave me a specific date to collect my one month rent, water and electricity deposits. I could not believe my eyes when they gave me a list of the things that they had replaced. According to the list I owed them money. I just walked away, what goes around comes around.
     
  7. dianethare

    dianethare Senior Investor

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    It wasn't a very detailed agreement... hence the squabbles but this mess has already been sorted out...i have learned a very bitter lesson from all of this but am glad i did...no more excuses, no more mistakes :)
     
  8. dianethare

    dianethare Senior Investor

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    Am sorry for your predicament..that's totally unfair on your part...did you write up or sign an agreement prior to entering the apartment?...did you have any legal backing and proof that you did not do all that they are implicating you of...you do realize you can rightfully sue?
     
  9. martinez

    martinez Active Member

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    Sometimes he may not deserve his deposit refund, in case of damages that need repairs there is no way that a landlord will suffer the loss. Most tenants are careless and they misuse their rights. On the other hand, if a tenant leaves a house in its good condition as he found it he surely deserves his refund.
     
  10. Profit5500

    Profit5500 Senior Investor

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    If the tenant paid rent and wanted to leave and end the agreement then I think the deposit should be refunded. I think that it just depends on what happens during the days of the lease agreement.
     

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