Top Reasons Not to Send a Renters Security Deposit Back |
Posted: January 10, 2019 |
When a renter moves into an apartment or home they are responsible for various deposits. These can range from pet deposits all the way to a standard security deposit for any excessive damages to the accommodation. Plus the renter is usually responsible for the first month's rent as well. Some landlords require first and last month's rent just in case the tenant decides to skip out on the final month. Here are a few top reasons why the tenant may not be rewarded their security deposit when they move out. Keep in mind most tenants except the entire amount to be refunded. So it is a huge surprise when it is not. Many of the larger apartment communties won't make you pay 1st and last month's rent. But they do require a deposit. A good apartment locator in Houston can help you find one.
This is usually the #1 reason why security deposits are not returned. Remember that most contracts allow for normal wear and tear. This will include some of the following:
Extensive Damage
B) Apartment Cleaning Remember when you took possession of the apartment? Chances are it was in move-in ready condition. When the tenant leaves it should also appear in this condition. You cannot take the security deposit if there is a sheet of paper or tissue on the ground. But if the tenant left furniture, trash bags, food in the refrigerator, and there is evidence of pet stains, then yes you probably can keep something if not all. C) Unpaid BillsIf there are unpaid water or electricity bills that the tenant did not cover, then you should be able to deduct these from their security deposit.
D) The tenant broker their leaseBreaking a lease entails moving out without fulfilling the terms of the lease. This is exactly why some landlords collect the last month's rent. States will have different laws so it's best to know the exact language you need to have in your lease contract. You must have an early termination clause in your lease. If they tenant needs to move out, they should be able to pay some sort of penalty. This wouldn't be a true broken lease if they did fulfill the penalty prepayment. If you have to take the tenant to court, this would be a true eviction. You would then be able to collect penalties plus attorneys fees in many cases.
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