A deposit is for the repair of damaged items or the replacement of missing items in a rental unit .
Most states have established a time frame in which you are required to return a deposit to your former tenant. This time frame could be anywhere from 15 days to 60 days. You, as the landlord is not required to stand in the doorway and return the deposit to your former tenant.
Yous should check and see if there is any damage to the rental unit.If there is you would deduct the cost to replace or repair the damage and give your former tenant the remainder of the deposit. You would be required to provide a letter or some sort indicating the damage to the rental unit she paid for. You are not required to give her an invoice.
Even though she did not give yous sufficient notice of her leaving, she still owe rent for a period of time, You are able to collect this rent she owe you. In some cases a tenant and a landlord might agree to use the deposit as the rent. You might indicate to her that you intend to charge her for the rent she owe you.
This type of agreement normally prevent a small claims court case on either side.
You would need to document this and present a counter claim in the small claims court case she has initiated against you. Contact the small claims court where the case is to be held. You should have a case number. You would need to file this counter suit as soon as possible.
I hope this has been of some benefit to you, good luck.
"FIGHT ON"
It's a scare tactic designed to intimidate you into giving a deposit.
I rent out properties and always make clear to tenants when they break the terms, they have to pay.
I have had people threatening all sorts but it never went anywhere.
Problem is your left out of pocket and she would have to prove you told her to go, that's why her boyfriend had to do it as she couldn't face you.
Tell her no she isn't getting anything and point to the tenancy.
What state/country you in as I might be able to give specifics.
you lose....you agreed to let he out of the lease providing you could find a renter....you found the renter...you can sue that person...but I suspect they have no money to collect...had you not rented it you would win because proper legal notice must be in writing...they did it with oj....casey Anthony and George zimmermann...rush to judgement....making decisions before knowing all the facts....I'm feeling generous....normally I don't side with a slumlord like you that doesn't know the rule and doesn't follolw them.....until you get served they ain't taking you to court...this is what you do....call her but only talk to her directly not voice mail....tell them under statute (look it up) they have failed to give proper legal written notice...since time has passed to give proper notice you are now responsible to pay rent for October...if you pay September rent you may use deposit for October rent....this should shut them up and avoid a court case.....that's your court argument....it will take six weeks minimum anyway, so it will be already into October...now, you got the deposit and cannot rent it for only October....plus you are lucky....even if you lose...think about it...you have a tenant AND YOU have a landlord....you clearly do not understand rental law....what if you didn't give proper notice before October 1st to tell her to move....your landlord told you to move not legally give you written notice...that way you are really screwed....anyway...call he and give her a reason not to sue...if she does and you lose you are only out an extra hundred bucks it cost her to file the case...if nothing happens, sue her for October rent in fedruary
As stated, she was your LODGER.
The notice period which she should reasonably give would be the same as a rental period. If she paid daily, it's 24 hours, if it's paid weekly then 7 days, if it's monthly then it's one month.
So work out how much you owe her given that she gave notice on that Wednesday, and find a way to pay it;.you don't get to spend money that you are not entitled to.
The fact the new tenant didn't work out isn't her fault. She only owes rent until the time you got the new renter.
She was not your tenant she was your lodger, you yourself are renting the property, you were not letting it as a whole to her. Lodgers have few rights and as for notice it is normally the same period as a rental period but at the same time there is nothing to stop a lodger moving out on 24 hours notice if they choose to. There is nothing to stop the landlord (ie you in this case) giving the same amount of notice if you want the lodger out. Lodgers deposits are for anything they may owe in bills or to cover damages not for rent or to cover notice periods.
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Good luck!
What does the tenancy agreement say?
Thanks Cortis for the answer... I live in Berkshire in the UK??
Hi,
So last month, my tenant told me she might be moving out.
Then out of nowhere on a wednesday, she came and packed up half of her stuff and said she will come and get the rest a couple of days later. she decided to give her notice at work and had to move back to her mom's because of it.
I told her I would have to keep the deposit money in order to cover the fact that she was leaving so quickly
I found a tenant but it didn't work out well and he only stayed for a few days and here I am with no tenant and no rent.
My landlord told me this morning that he is taking the house back on the 1st of november because he needs to move back in so I will be getting nothing for the next couple of months as well.
On the top of that her boyfriend texted me this morning and told me she is taking me to small claims court because I asked her to move out earlier(even though I really didn't! she left out of nowhere) and that it was unfair that I didn't give the deposit back to her.
I told her I was gonna give it back to her when I found the new tenant but then I apologised and said it was not possible because it didn't work out
That I will lose the battle because I should not have spent this money... and he is right on that point.
I understand that they feel I have been fooling them even though she left me in a really bad situation.
Is she likely to win the case in court? I never had that problem with my tenants before and don't know what to expect...
