As a Landlord I Don't Seem To Remember >>

[kluna]

Tenant is moving out after renting my place for almost ten years. Back in the day the tenant gave me a deposit of 2K. He also has not paid for this month (March) for he will be out in 30 days as this is his last month.

The lease contract that I have, states that the deposit is to be used for any cleaning, repairs, etc of the place that is not deemed normal wear and tear items, and what may be left will be given back to the tenant.

However lease contract does not state that the tenant can use the deposit for his last months rent and pointed that out to me when I received his letter in the mail. Sort of a loophole I guess.

Can he in fact use the deposit as his last months rent if it was not pointed out, or clearly written in the lease agreement? It's not that I am demanding his payment but he thinks he will get out clean AND is assuming he's going to get the remainder of his deposit back, should there be any left after cleaning, repairing, etc.

Help an old guy remember will ya? (Well not really that old LOL)



"There Are No Simple Solutions..Only Intelligent Choices"

Ken*CA
90 325i Coupe "Betsy"
92 325i Cabrio "Lyndsy" Gone But Not Forgotton..
98 M3 Sedan "Cynthia"
00 528it Wagon "Sophia"
99 SVT Contour "Sold"

[keithjack]

other. The rent is due in ADVANCE every month, so if he doesn't pay the rent on the 1st day of the month (figuring you can just take it when he leaves at the end of the month) he is in DEFAULT.

I am saying all this, of course, without seeing your actual lease.

[Grimlok]

The state does not recognize separate deposits (security, damage, cleaning, last months rent etc). Which is BS, by the way.

So the security deposit can be used as last month's rent. Essentially stealing your protection against property damage. Gotta love CA! This is one of many reasons why I got out of the rental business. This state hates landlords.

[jef]

Pushing the issue may cause attitude. Is it worth it? Your place, your call. If there's been no problems I'd let it slide unless you're worried about being dealt a ****sandwich.

[Grimlok]

This tenant is in default. After the official request for rent payment, if the tenant refuses, he could evict the tenant early. And if the tenant were being extra stubborn about paying, and leaving, he could have the sheriff escort the tenant from the property, and he could keep the tenants belongings to have the sheriff auction off to cover the cost of the lost rent.

Never worth the trouble though.

Chances are good that if he asked the tenant to pay, or maybe eve ask the tenant to pay half, and have the other half deducted from the security deposit, that the tenant might be fine with that. That is what I did with my last tenant.

[:) evil]

Ask Sophia, she was around when you rented the place.