My tenant is an atty consequently i am less knowledgeable,besides I don't particularly have strong faith in the court system for working people. In a nutshell I've given into the tenants(atty) proposal just to keep from going to mediation or arbitration waste of time ,money to the court and attys fees and my mental health. The tenant is expecting me to return his deposit the day he moves out and we do a walk thru. i resentment this demand yet I'm not willing to discuss this with tenant in advance because he's a jerk.I thought instead present him with the law the day he hands me the keys. i plan to refund the deposit but I want to be assured that I didn't overlook the operation of the washing machine, or the plumbing things you may not see with a walk thru. everything was new prior to their move in two months ago. What can I do? I"ll be glad to get this over with in the coming weeksThanks
2006-09-22 09:50:47 · 7 answers · asked by d s 4 in Politics & Government ➔ Law & Ethics
Your options will vary depending on what state you are in. In Minnesota (where I am an attorney and a landlord), a landlord has 21 days to either return the security deposit plus interest, or to submit in writing to the tenant the reasons why the security deposit was not refunded (i.e., outline and itemize all damages made by the tenant beyond normal wear and tear).
You do also have the option of having a police officer there with you at the final walkthrough if you're concerned about this guy being a jerk. There's nothing that shuts a jerk's mouth faster than having a police officer standing there.
Good luck to you.
2006-09-22 09:54:25 · answer #1 · answered by Vicki D 3 · 0⤊ 0⤋
The answer really depends on the laws where you live. In Nevada (where I am a lawyer and former tenant) you have thirty days to return the deposit or provide an accounting. If you do niether, then you will have to pay back the deposit plus damages, if the tenant pursues the issue in court.
You really should seek the advise of a lawyer in your area. In many states, the state bar sponsors a lawyer referral information service which will put you in touch with a lawyer. The lawyer may charge a small fee for a consultation, but it will surely be worth it in the end.
Good luck!
2006-09-22 10:17:12 · answer #2 · answered by www.lvtrafficticketguy.com 5 · 1⤊ 0⤋
Contact a local landlord-tenant office and find out how many days you have in which to refund the deposit.. And what is the language in the lease regarding deposit?
2006-09-22 09:55:20 · answer #3 · answered by beez 7 · 0⤊ 0⤋
May I suggest that you stop being such a freaking pussy about the whole thing?
If the law says you have 30 days or whatever to return the deposit, then that's it.
If you want to get things over with for your "mental health" or whatever, test everything in front of him and give it back then and there and be done with it.
2006-09-22 10:56:01 · answer #4 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
Go thru room by room and check everything while he watches. You demanded a deposit when he moved in and I think he has the right to demand his deposit back when he moves. Sounds to me like you're trying to think of a way to keep all or a portion of it. How does he know you won't so something and keep the money and say he did it? Honesty goes both ways.
2006-09-22 10:04:00 · answer #5 · answered by kathy p 3 · 0⤊ 1⤋
I believe you have already asked a similar question. See a lawyer of your own. I think you have 2 weeks or so to give him back his deposit.
2006-09-22 09:52:46 · answer #6 · answered by WendyD1999 5 · 0⤊ 0⤋
so you plan to present him with the law(what ever that means) the day he hands you the keys. sounds like you know the law...so does he.but do you know as much as me? he is entitled to his deposit 21 days after he provides you with an address to send it......
2006-09-22 15:54:27 · answer #7 · answered by Anonymous · 0⤊ 1⤋