Just a Question!!

Lookatmeknow!! · October 22, 2008, 07:29:31 AM

Ok, I want to ask you all something that gets me! If you rented a house, you put up your deposit, pay your bill on time. You are asked before you move out to give the landlords a 30 day notice. You find a house that you want to buy. You call the landlord 2 weeks before you are ready to move out. You move out, take all your stuff. You don't clean a thing. You then call the landlords and want your deposit back. You argue with the landlords that the contract didn't say a thing about cleaning the house before you move. Do you think that the renters should get the deposit back?? Please give me your honest opinion!!!

pam · October 22, 2008, 07:38:29 AM

Whenever we used to rent I had to leave it clean if I wanted our deposit back.................and STILL didn't get it part of the time lol

DanCookson · October 22, 2008, 07:41:57 AM

Did you have a contract with the renters?

frawin · October 22, 2008, 07:42:06 AM

I would want to know exactly what the contract and more specifically the Deposit clause says before answering that.

Below is some information on:
Security Deposits and Cleaning deposits:

When landlords can keep the deposit, and when it must be returned.

The lease should clearly set out the requirements for the tenant's security deposit. A security deposit is almost always a good idea when you rent an apartment or residence. This deposit is designed to ensure that the tenant lives up to the promises made in the lease agreement. If the tenant breaks the lease or causes excessive damage to the rental unit, the landlord can use the deposit to offset the additional costs that result.

It's important to note that the security deposit is not intended to serve as a substitute for rent. Many tenants think that they can skip their last month's rent payment and have the landlord use the security deposit as compensation. In fact, some state laws actually prohibit a landlord from applying a security deposit toward unpaid rent.

State laws that regulate security deposits in residential rental agreements vary so widely that it's impossible to describe them all in detail here. In general, however, these laws regulate the maximum amount that can be charged as a security deposit, and they can also restrict the landlord's use of the deposit. For example, most states require that security deposits be placed in escrow, and some states require the landlord to place the deposit in an interest bearing bank account, and pay the interest to the tenant. When the tenant moves out, the landlord is required to either return the deposit within a specified period of time (such as 30 days) or notify the tenant in writing why all or some of the deposit is being withheld. The landlord may be legally required to provide the former tenant with an itemized list of the damage claimed.

If a former tenant disputes the damage claim, a trip to court may be required to settle the matter. In many states, small claims court will be the court with jurisdiction over a security deposit dispute. If the court finds that the landlord was not justified in keeping the deposit, some states can require the landlord to pay a sum equal to two or three times the actual amount of the deposit.

Besides a security deposit, some landlords also charge a non-refundable cleaning deposit. This deposit is used to cover the cost of painting, carpet cleaning and other expenses the landlord will incur when the tenant leaves. If the landlord accepts pets, a pet deposit may also be required to cover the expense of removing pet stains and odors from the rental unit when the tenant moves out.

srkruzich · October 22, 2008, 08:01:58 AM

Quote from: angtown3 on October 22, 2008, 07:29:31 AM
Ok, I want to ask you all something that gets me! If you rented a house, you put up your deposit, pay your bill on time. You are asked before you move out to give the landlords a 30 day notice. You find a house that you want to buy. You call the landlord 2 weeks before you are ready to move out. You move out, take all your stuff. You don't clean a thing. You then call the landlords and want your deposit back. You argue with the landlords that the contract didn't say a thing about cleaning the house before you move. Do you think that the renters should get the deposit back?? Please give me your honest opinion!!!

Being that i was raise to give something back that i borrow in better shape than i got it in if at all possible, no the renter should not
get their deposit back if they don't clean.

Mom70x7 · October 22, 2008, 09:06:48 AM

QuoteDo you think that the renters should get the deposit back??

Nope - at least not all of it.

The renters did NOT give the 30 day notice and they probably did not leave it as clean as or better than they found it.
So it would depend upon how much cleaning you have to do.

Lookatmeknow!! · October 22, 2008, 09:16:59 AM

I do have a contract. I do know that I will now, make a more specific contract. Just because normal people see things different than people that are just trying to con you. But I do have to say that Jeff talked to Tina Hubble about our situation last night. She stated that it is hard for either party to win in a situation like this. We have agreed to give them some of it, but that is after we get the carpets and the floors cleaned and we take that off of the deposit.

frawin · October 22, 2008, 09:32:37 AM

ANGTOWN3, that is a fair compromise and you should be entitled to reasonable cleaning expense. Being a landlord is a tough situation and you meet all kinds of people. I am impressed that you young people are working so hard and also investing in rental property. I know your husbands family well and they are hardworkers. Louie and Gracie have always been favorites of mine. You may want to add wording to cover a "Cleaning Deposit".

Lookatmeknow!! · October 22, 2008, 10:43:15 AM

I was thinking about that this morning. I don't like being a landlord. It is very stressful. I know that it is an investment, but to tell you the truth, it will be alot better if we could get really nice tenants.

frawin · October 22, 2008, 10:57:24 AM

Quote from: angtown3 on October 22, 2008, 10:43:15 AM
I was thinking about that this morning. I don't like being a landlord. It is very stressful. I know that it is an investment, but to tell you the truth, it will be alot better if we could get really nice tenants.

I understand, however most investments have a certain amount of stress. Rental properties have the people factor that can be the worst part of being a landlord. The depreciation tax break is a big plus and if you keep properties long enough to payout you can build a nice retirement nest egg from them. That is always each to his own, hopefully you will get a good renter next time.