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babylove26
LIF Adult
Member since 8/10 987 total posts
Name:
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Tenant dispute
My tenant pays rent on the 1st of every month last month he put the money in the bbq and claimed he texted my husband but regardless he always handed it to us for the past. 3 years than on the 11 th he gave notice that he's moving out ... On the lease agreement it clearly states unless you give 30 days notice you will not get security deposit back.... He finally turned in his keys last night on the 5th of the next month and demanded his security deposit back but the kicker is he thinks it's 2 months worth of security despite what a receipt of payment said... And then he claims he is getting a lawyer and is going to small claims court... I'm so upset that he claims he gave 2 months security and would say he taking us to court... He turned his keys in late and gave much less than 30 days notice and then wants double why he paid in security! Should. I just let him take us to court?
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Posted 6/6/16 12:44 PM  |
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JennP
LIF Adult
Member since 10/06 3986 total posts
Name:
Jenn
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Re: Tenant dispute
Let me see if I have this right -
He says he paid 2 months security but your paperwork shows he paid 1.
He never paid for May even though he says he did. So he has no receipt.
He's gone as of the 5th (yesterday.)
From your standpoint you are fair and square (more or less.) He lived off his security even though that is not what it is for.
If I have that right, then I wouldn't worry about it. It sounds like he has no case. I am not a lawyer though - just a former landlord. If it would make you feel better then speak to one. I had to do that once and felt a little better (not the same situation) and then the whole thing blew over.
Good luck!
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| Posted 6/6/16 12:53 PM |
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babylove26
LIF Adult
Member since 8/10 987 total posts
Name:
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Tenant dispute
no he paid for may but he texted on the 11th of may saying he is moving out at the end of the month and did not return keys until last night (6 days pasted when he should have been out). So he gave less than 30 days notice and wants more security than he paid.
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| Posted 6/6/16 12:59 PM |
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JennP
LIF Adult
Member since 10/06 3986 total posts
Name:
Jenn
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Re: Tenant dispute
Posted by babylove26
no he paid for may but he texted on the 11th of may saying he is moving out at the end of the month and did not return keys until last night (6 days pasted when he should have been out). So he gave less than 30 days notice and wants more security than he paid.
Gotcha.
I wouldn't change my advice not to worry because you have proof he did not give 30 days and he technically owes you for 5 days of rent but I wouldn't deduct that from the security - just to make him go away.
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| Posted 6/6/16 1:04 PM |
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babylove26
LIF Adult
Member since 8/10 987 total posts
Name:
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Tenant dispute
RENTAL DEPOSIT BETWEEN TENANT AND LANDLORD
DATE: _______________
This deposit is to hold the apartment for tenant until rental of the premise. The amount is __________400_____.
This deposit will be refunded in the event the approval has not been made on background check.
In the event the background check proves to be viable, this will count towards the security deposit and the remainder is due___2/1________ in the amount of __________1400_____.
Besides the lease agreement this is what he is holding onto and what he thinks entitles him to 1800 in security. This was to hold the apartment we wanted first months rent and one months security before moving in so 1800 (rent was 900)
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| Posted 6/6/16 1:09 PM |
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JennP
LIF Adult
Member since 10/06 3986 total posts
Name:
Jenn
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Re: Tenant dispute
Ok, you should see a lawyer because that segment does read like it was all the security deposit.
It doesn't say anything in there about first month's rent.
Sorry.
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| Posted 6/6/16 1:27 PM |
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babylove26
LIF Adult
Member since 8/10 987 total posts
Name:
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Tenant dispute
I guess its not worded the best but I never had a problem in the past... I just am so angry that he's trying to scam us. my husband offered him the 900 security back to be nice even though he broke the lease agreement and he said he needs to "check his records"... as a side note he moved in with his girlfriend and told us he had to pay close to 6,000 up front so I think he is in over his head and is desperate for money. He claims his girlfriend doesn't have any money.
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| Posted 6/6/16 1:39 PM |
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KarenK122
The Journey is the Destination
Member since 5/05 4431 total posts
Name:
Karen
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Tenant dispute
As long as you have the lease agreement there is nothing he can do. I'm assuming your lease agreement stated one month security and you have that in a separate bank account? Deduct the 6 days he stayed in past the 1st of the month and any damage that was above normal wear and tear in the apartment and cut him a check for that amount with a detailed letter saying exactly what the money is with the deductions and call it a day. He can claim to sue you all he wants but you are not in the wrong and should not worry about it.
Message edited 6/6/2016 1:46:56 PM.
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| Posted 6/6/16 1:46 PM |
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sameinitials
insert creative comment here
Member since 2/12 1998 total posts
Name:
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Re: Tenant dispute
Posted by babylove26
RENTAL DEPOSIT BETWEEN TENANT AND LANDLORD
DATE: _______________
This deposit is to hold the apartment for tenant until rental of the premise. The amount is __________400_____.
This deposit will be refunded in the event the approval has not been made on background check.
In the event the background check proves to be viable, this will count towards the security deposit and the remainder is due___2/1________ in the amount of __________1400_____.
Besides the lease agreement this is what he is holding onto and what he thinks entitles him to 1800 in security. This was to hold the apartment we wanted first months rent and one months security before moving in so 1800 (rent was 900)
This definitely reads like he security deposit is $1800 ($400 initia dep and $1400 additional)
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| Posted 6/6/16 1:50 PM |
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