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My renters moved out and we only had a verbal agreement on the deposit, she had no damage she would get it back, but she did have damage, no she is threaten me with court, what can I do, no pics were taken before or after, the only thing that was signed was a receipt on rent and deposit
Do you have receipts for the repairs you were forced to make?
You take photos of the damage, you get receipt from the company that you have do the work, or a copy of the receipt for the material if you do the work.
You deduct the cost of the repairs and send them any balance, or send them a bill for the extra.
So you tell them to sue you, as a land lord you should be very use to either suing the renter or being sued. That is a normal thing in business.
They are saying they are going to sue me, I have the cleaning bill, there was feces all in the bathrooms, they just moved out and have not got all the repairs yet, but they want the deposit now,, I am new at this renting and I am lost do not have money for a lawyer
You can either give them the deposit - which I think is a mistake - OR if they sue you go to Small Claims Court and explain to the Judge why you didn't return the deposit OR you can sue them for damage over the deposit which they cost and let them defend themselves. You will need repair receipts - now, if you do the cleaning yourself you are entitled to cleaning supplies and a fair wage - particularly if it was a disgusting situation. I owned rental property. Some people lived like pigs.
In SOME States - and I don't know where you are - you have to either return the deposit in 30 days OR send the tenant a letter stating why you are not returning the deposit. If more than 30 days go by they get their deposit back IF you don't send the letter.
How long have they been gone and where are you?
You don't need an Attorney but before you rent the unit again, I'd come back here and ask for some legal advice. Make sure you are protecting yourself. Some of us are landlords and some people who post here really know their stuff!
- And, no, you don't need an Attorney.
They can say they are going to sue you all they want. Don't loose any sleep over it, particularly until you have actually been served with process.Quote:
Originally Posted by laceyben
Chances are that, if they do sue you, they will sue you in small claims court. It is quite likely you will not need a lawer for that.
We are in KY, they moved out the 4,6, 2012, not been 30 days yet, they even left broken furniture in the house we had to move out
" ... Under Kentucky law, a landlord must return the tenant's security deposit within 30 to 60 days after the tenant has surrendered the rental property to the landlord (i.e., returned the keys and vacated the property), depending on whether the tenant disputes deductions taken out of the security deposit. ..." Kentucky Security Deposit Limits and Deadlines | Nolo.comQuote:
Originally Posted by laceyben
http://www.lrc.ky.gov/KRS/383-00/580.PDF
It says you should have given them a "final damage listing" when they moved out, and that you have to send them a written notiification about the security deposit. If they don't respond within 60 days, you can keep it. If you haven't done so alreadly, you should prepare such a final damage listing and send it to them. It is interesting that the statue fails to say how long you have to give them this listing, but it does say that you cannot keep the deposit without having done so.
If you are going to rent again, be sure to become familiar with your state's Landlord/ Tenant Act.
Being a landlord is a business. You need to learn the rules of the business before you go into it.
I suggest you fully read the links that have been provided. As noted you have to give the tenant an itemized list of what you used the deposit for. Within the legal length of time. If the tenant wants to sue, let them as long as you have invoices and workmen to testify the damages existed, they will lose.
But I never put the deposit in its own account, yes I do still have it, are the receipts for the damages enough, were it was a verbal agreement
Quote:
Originally Posted by laceyben
Then return the deposit and chalk this up to experience.
"The landlord is NOT entitled to keep any of the deposit if they neglect to open a separate Landlord Tenant Account or fail to complete and sign BOTH the move in inspection and move out inspection with the tenant."
http://www.rentlaw.com/dep/kentuckydeposit.htm
Next time, get a signed lease which specifies everything. Establish an account for the deposit. You messed up by not learning the law and following it. Now you must pay the price.
No landlord shall be entitled to retain any portion of a security deposit if the security deposit was not deposited in a separate account as required by subsection (1) of this section and if the initial and final damage listings required by subsections (2) and (3) of this section are not provided.. . I am worried about this, I never done thisQuote:
Originally Posted by AK lawyer
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