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Tenant Deposit Return Question?
I have a problem tenant who failed to give a full 30 days notice (she gave 21 days notice) of her intent to move out. She also is forcing me to submit a notice to show 24 hours in advance of every showing of the room. Technically, that is her right but most reasonable people who are moving without 30 days notice understand that acheiving full deposit return is based on the need for repairs and the ability on my part to rent the room on the date she moves out. For this reason, most people would grant access with a phone call...not require written notice. I responded to this latest round of insanity with an email pointing out that if she is going to make my job tough, I will not even run the ad until the day she moves out and charge her deposit for the pro-rated days left on her 30 day notice (7 days). My question is this...I am I legally able to do so. Thanks.
We have a standard month to month agreement. I am only intrested to know if her 21 day notice carries with it the additional first 7 days of June as a financial obligation. Can I keep that prorated amount as she gave notice on the 6th of May that she intends to move out on the 29th and expects her full deposit returned.
5 Answers
- ?Lv 71 decade ago
So she's basically blackmailing you into giving her deposit back WITHOUT any kind of inspection or contact.
If she's under a lease, what does the clause about security deposits say? Is there anything in there that supports what she's "forcing" you to do.
I think she's pullin' your chain. Read the lease and stick to it.
If she moved at the end of her lease term, you have no reason to hold the deposit until you rent the place to someone else. That's the only part I don't agree with.
Either she works for an attorney and thinks she can use this as leverage to make unfair demands or she's nuts.
I'm voting for nuts.
- Anonymous1 decade ago
If she pays rent on the first of every month and she thinks by moving out on the last day of may will keep her from paying any rent for June she is wrong.
You are entitled to pro-rate for the 7 days remaining. 30 days is 30 days not 21
Source(s): CA Landlord - 1 decade ago
I am a renter and do believe that unless there is a serious problem with not getting things fixed she is in the right but if she knew she was going to move sooner than when she told you she should have to pay for the remaining part of the month.
Source(s): common sence - How do you think about the answers? You can sign in to vote the answer.
- 1 decade ago
That is perfectly legal, she needs to pay the full month, if she is not cooperating with you to rent out the unit, that is her loss you are trying to help her. Now had she decided to work with you, I will always make an attempt to work with them and get the unit rented as soon as possible.
