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    panurse01's Avatar
    panurse01 Posts: 1, Reputation: 1
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    #1

    Mar 17, 2007, 12:23 PM
    Can you give a tenant back security and ask them to leave
    Hi I have a question I am renting a propertyij philadelphia pa and the tenant has not paid rent because he has foundation water I mean a little water in the basement the walls are moist and water fills in the sump pump the license and inspection guy came and demed that the water is foundation water its an old house the only way I can get rid of it and it's not a premanent way to fix the problem is to seal the walls and dig up the entire floor and put a trench and new concrete. I can nor afford to do that right now. I told the tenant that I could not afford that until September when the lease is up and that I can't renew the lease to him as a rental because he has not paid rent in months and the moisture is not interfering with his living in the upstairs of the house. There is no mold or mildew smell I mean its ridiculous. I want to know if it is legal to offer him back his security and ask him that if he is that unhappy to not pay rent but still wants to live there until his lease is up in September does he want to move I will give him his money back and forget about the last five months rent.
    Dr D's Avatar
    Dr D Posts: 698, Reputation: 127
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    #2

    Mar 17, 2007, 12:54 PM
    Your tenent is a dirtbag who is taking advantage of your kind nature. Of course it is legal for you to offer him the GREAT DEAL of refunding his security deposit and forgive 5 months of unpaid rent. If he refuses, hire a lawyer that specializes in evictions or do the eviction yourself. If you DIY be sure to follow the laws and procedures of your state exactly. In the eviction process you will get a judgment against him for the unpaid rent, and costs. I'll bet that the basement moisture problem was evident when he rented the place, and does not constitute a condition that is not decent safe and sanitary. Good luck.
    Cvillecpm's Avatar
    Cvillecpm Posts: 553, Reputation: 28
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    #3

    Mar 17, 2007, 03:27 PM
    CASH for keys - Offer him that the day he has all of his stuff totally out you will give him his security deposit in CASH when he hands you all of the apt keys... then you have the locks changed immediately... CASH for KEYS
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Mar 17, 2007, 06:05 PM
    Let me get this straight. You have a lease with this person and he has not paid it because of this water condition. You had an inspector come in, did he say the condition constituted a hazard?

    Why are you being so nice? Why aren't you evicting this person and keeping the security for unpaid rent? Why aren't you suing him for back rent?
    landlord advocate's Avatar
    landlord advocate Posts: 283, Reputation: 36
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    #5

    Mar 18, 2007, 05:15 PM
    Sorry, but are you NUTS? What kind of landlord lets a tenant live in a rental property for five months without paying, then even thinks about returning the security deposit. There has to be something else here, or you obviously do not have the stomach for being a landlord. Put an eviction notice on the door. Reason: non-payment of rent. Wait the prescribed days and file the eviction. Leaving this dirt bag in the house can only cause more problems.

    The security deposit should be used to pay for one of the five unpaid months of rent!
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