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If some agency is going after the tenant, then yes.
If they are going after the landlord, then they shouldn't be able to, but, they may not know that it's the tenant's money. Most states require that the landlord put the deposit in an account that makes it clear that this is the tenant's money. However, failure to do so is probably the most common mistake in landlord/tenant law. It could be that the tenant could contact the agency, and convince them that they have seized an account that they should not have.
Wiki User
∙ 12y ago
In some cases, yes. The government may garnish a tenant's security deposit to cover unpaid taxes, fines, or other debts owed to the government. However, the specific rules and regulations regarding garnishment of a security deposit can vary depending on the jurisdiction and the circumstances of the debt. It is advisable to consult with a legal professional or research the laws in your specific jurisdiction for more accurate information.
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How does a new landlord place a lien on tenants security deposit with current landlord?
You would have to go to Small Claims Court and get a judgment against the tenant. Then you could garnish the security deposit from the current landlord. Talk with an attorney for details.
Why does a lease gives both the tenant and the landlord security?
A security deposit is a refundable deposit that a tenant pays to their landlord before they move into a property As long as a tenant abides by the terms of their lease, this deposit should be returned to a tenant when their lease has expired. There are certain situations where a landlord is allowed to keep all or part of a tenant's security deposit.
What if tenant doesn't cash security deposit check within 30 days?
Then the Tenant can ask for the check to be refreshed. The deposit is the Tenant's money, not the Landlords.
What happens to a tenant's security deposit when the building is sold?
In most states the security deposit remains the property of the tenant regardless of who owns the building, and state laws may require the old landlord to inform the tenant who the new owner is and where the deposit money is being kept.
Your rental had a flood due to a faulty plumbing fixture The landlord and you agreed your family will move out as soon as possible What are your rights concerning your security deposit?
your security deposit is for DAMAGES caused by the tenant. Note this is major damages (broken windows, holes in the walls), not normal wear and tear. This flood was caused by faulty plumbing, not the tenant, so the tenant's security deposit should not be effected by this. Therefore the tenant should get his security deposit back, unless there were damages caused by the tenant themselves (not by the flood).
Is it legal for the tenant to hold your deposit till the lease contract is finished even if the contract is broken?
If the tenant broke the lease via a material breach, the tenant may forfeit his security deposit. However, if the landlord has breached the lease, he must return the full security deposit.
If evicted does the secutiry deposit still get refunded to the tenant?
The security deposit should be applied to the arrearage (including any court costs), and any remainder returned to the tenant. Does the landord need to notify you how your deposit will be applied.
Can a tenant demand security deposit when moved out owing rent and gave no notice?
If no notice is given, then the tenant owes for the next month, if the landlord tries to rent the unit and cannot. The security deposit can be applied to the arrearage - the landlord needs to write the tenant a letter so stating.
What are your rights as landlord if no lease regarding security?
Basically speaking, whether there is a least written or not, if you, the landlord, accept a security deposit, you are obliged to return the deposit to tenant within 30 days of his moving out of the property. If the tenant has violated the terms of the agreements - they should be in writing - between the two of you, you have the right to keep the security deposit but you must write a letter to the tenant explaining why. The tenant has the right to take the matter to court if he feels the reason is unjust.
When a tenant vacates an apartment is it right for the landlord to deduct money from the security deposit to pay to clean and paint the apartment for the next tenant?
The purpose of a security deposit is to pay the last month's rent in the event that a tenant stops paying and has to be evicted, not to pay for cleaning and painting. It would only be reasonable to use a security deposit for this purpose if the departing tenant left the apartment in extremely bad condition, requiring an abnormal expense to restore it.
Can your landlord keep your security deposit because of a stove fire?
They can if the fire was the tenant's fault.
How can security deposit be withheld due to tenant neglect?
If damage is caused or money is owed
