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Can landlord use security deposit for last month of unpaid rent. then bill tenant for repair and cleaning?
Wiki User
∙ 11y ago
It depends upon state law and what the agreement says (provided it does not actually contradict state law). For example, many states have a separate law for "security deposit" related to rent and "damage deposit" related to the costs of repairs or cleaning. In such a state it may be illegal for a landlord to seize a damage deposit to "cover the rent" if there was no invoice for "repairs" for damage.
Wiki User
∙ 11y ago
It depends on the specific terms outlined in the lease agreement between the landlord and tenant. Generally, security deposits are meant to cover any unpaid rent or damages to the property beyond normal wear and tear. If the lease allows it, the landlord can use the security deposit for unpaid rent and then bill the tenant for repair and cleaning expenses. However, the landlord should provide an itemized list of deductions and any remaining refund should be returned to the tenant within the timeframe required by law.
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Can you use a deposit for the last months rent?
This would depend on the landlord. If you landlord says yes to this, which I seriously doubt. Then obviously when you moved out you wouldn't get it back. Talk to the landlord about your situation. Maybe something can be worked out.
Where to find a copy of the law that states the deposit can be used for the last months rent if your evicted?
Your state laws should have a section about "landlord and tenant" or the like. There are also many self-help books available about landlord/tenant laws. In Massachusetts, for example, the law defines both a security deposit and a damage deposit and ONLY the security deposit can be applied to delinquent rent, and the damage deposit remains the property of the tenant until the landlord proves damage to the premises and the costs to repair them.
Can a landlord use your last month's rent to repair the apartment?
No. Your last month's rent is that: your last month's rent. The landlord must allow you to stay in your apartment for the last month and not use that money for any other reason. If the landlord collected a security deposit then he can use it to repair his unit: IF you are the one who damaged it outside the realm of normal wear and tear. He cannot use your security deposit as your last month's rent unless you agree to it.
Can an apartment complex charge you more damage fees upon moving out after they have already charged a non refundable fee?
Yes, a landlord can charge you to repair any and all damage that you caused, even if you paid an applicaiton fee or cleaning fee, or even if the among of damage exceeds your security deposit.
What does a person do if the landlady won't give you a letter of satisfaction after you moved out within the time set by the judge What should you do when the security deposit is used for owed rent?
Unless it was ordered by the judge at the time of the eviction hearing, I am not aware of any requirement that the landlord must give you a 'letter of satisfaction." As for the deposit - Was any rent owed by you at the time you moved out? Was there any damage to the premises that required that the security deposit be used to repair it? If not, you can take the landlord to Small Claims Court.
Does a tenant lose their security deposit if the landlord sells the property?
No, not simply by virtue of a sale of the property. However, the tenant must take the necessary steps to safeguard their deposit. Security deposits are a complicated issue and state and local laws may vary regarding how they are to be managed. The tenant should always make sure to obtain a receipt for the security deposit at the beginning of their tenancy and keep that proof in a safe place.Generally, a security deposit is supposed to be kept by the landlord in a separate account during the tenancy. When the tenant moves, the security deposit can be used to repair any extraordinary damage to the property apart from normal wear and tear. If the landlord wants to keep the deposit, they must provide a detailed accounting to the tenant that lists any damage and the cost to make the repairs and provide that statement within a certain time period, typically 30 days. If the landlord fails to follow state law then the tenant will be granted 2 to 3 times the original amount as a refund if they take the case to small claims court.When a leased property is sold and the tenant plans to remain in the rental they should discuss the security deposit with the departing landlord and make certain it is turned over to the tenant or the new landlord. They should obtain a receipt that documents this changeover.If you have further questions you should contact your local landlord/tenant agency.
What if your landlord doesn't return security deposit within 30 days?
Per the Ohio revised code: the landlord has 30 days to make a claim for damages, if he does not than he must return the deposit within that 30 days and if he refuses hire an attorney because the landlord is responsible to pay his attorney and yours plus double the deposit $750 becomes $1,500.
Can a security deposit be used toward the cleaning of the vacated property including the yard?
I would suggest you consult your jurisdiction's Landlord-Tenant Laws for clarification since they vary. In some states, "Damage Deposits" can only be used for the actual cost of repairing damage to the rental. Cleaning would be separate from damage repair and commonly landlords have a non-refundable "cleaning fee" written into leases to cover that. The distinction between these is that "deposits" are refundable if not needed and "fees" are not. But again, check your area's laws to be sure.
Tenant/Landlord Rights on the Lease Agreement?
A lease agreement is an agreement between a landlord (property owner) and the tenant (resident). It is a legally binding agreement that allows either party to sue in court if the lease agreement is broken. A lease agreement is signed prior to a tenant taking residency in the dwelling (building).Tenants RightsTenants have rights under the lease agreement and can expect certain things from the landlord. The first thing tenants should expect from the landlord is a safe place to live. The landlord must keep the home in good repair. If there are issues in the residence that pose a health risk to the tenants, the landlord must repair it..The landlord cannot enter the home unless he or she has been given express permission to do so by you. If the landlord takes such action, he or she opens him or herself up to a lawsuit. The tenant has a right to privacy.The tenant can expect the landlord to return the security deposit placed when the lease was signed. The landlord can keep a portion of the security deposit if repairs are necessary due to damage done by the tenant. The landlord may be able to keep the full security deposit if the tenant owes rent. The security deposit must be returned to the tenant within a certain amount of time, generally 60 to 90 days.Landlord's RightsThe landlord has the right to expect rent on time each month. They have the right to expect the correct amount of rent due, not just a portion. If the landlord does not receive rent on time, he or she can sue the tenant in court for payment as well as eviction.The landlord has the right to expect tenants to take care of the property. The tenant is allowed a certain amount of room with normal wear and tear, but huge holes in the walls or stains on the carpet are looked on as a problem. The landlord can use the security deposit to make these types of repairs after the tenant moves out.The tenant/landlord relationship can be a good one as long as both parties adhere to the laws and the lease agreement. Both sides have options if the other side does not adhere to the lease or laws. Not all landlords wish to have a lease agreement in writing. It is important to have the agreement for the protection of everyone involved.
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Can property management cancel your refund check after they have cleared you as a tenant?
It's not clear what you mean by "cleared". There are strict laws governing how a landlord can use the security deposit a tenant gives upon leasing. The landlord must return the money unless there is a clear justification, such as damage or unpaid rent. In California (and probably many other places), the landlord must give the tenant an opportunity to clean or repair to avoid having to pay out of the deposit. They cannot charge for improving the property to a better state than when the tenant moved in. So they cannot cancel your refund without a good reason and following procedure.
Can a landlord refuse to inform a tenant as to the nature of repairs?
If the money comes out of the tenant's pocket or security no, the landlord by law is required to provide of a list of what repairs were done and is required to explain why if asked. There may be a clause in your lease regarding some repair cost, which a landlord might not bother to explain since it was included in the lease, however they are required to inform you if you ask. I have a carpet cleaning expense in the lease that requires renters to pay for a professional cleaner to clean the carpet before leaving. I also have it on my application rental form, so a don't generally bother to list is as more then the carpet cleaning expense.
