The tenants and myself have mutually agreed to an early move out (worst tenants I've ever had)...I have also agreed to let them have there deposit back if the place is in condition they got it...so they are now requesting an early walk thru to have a chance to repair anything they need to...well my friend just said not to do it bcuz there could be furniture hiding things, etc....what is your opinion? Should I do it and have us both sign something stating "in all visible areas, things are fine"..something to that effect? Also, on there deposit..is the rule I have to mail it to them within 30 days of there move out date or give it to them on their last day? Thanks for any help.
2007-03-03 05:59:52 · 5 answers · asked by prettyinpink 2 in Business & Finance ➔ Renting & Real Estate
In response to the first answer...I guess I should've been more clear - NOT giving early deposit - tenant wants early walkthru to correct any problems...then wants one on the last day too - my friend just told me I dont have to do the early walkthru, I just need to do the one on the last day.
2007-03-03 06:16:35 · update #1
" tenant wants early walkthru to correct any problems...then wants one on the last day too - my friend just told me I dont have to do the early walkthru, I just need to do the one on the last day."
It is in your best interests to do the early walk through.
You don't have to, but you really should. You are under no obligation to sign anything during the early walk through. Simply pointing out patent defects should suffice.
Latent defects (if any) will be obvious enough after all their belongings are out, and can be dealt with and fully documented in order to support your position at that point.
No offense, but your friend doesn't appear to be all that bright. You don't "have" to brush your teeth and floss either, but if you don't ... very painful and expensive things that could easily have been avoided will happen. The same principal is at work here.
It's pretty clear that these tenants have every intention of getting their deposit back and are willing to go the extra mile to make that happen.
Many states allow for double or triple a tenants deposit back if it is determined that it has been wrongfully withheld. Your idea of rightfully withheld may be the states idea of normal wear and tear. It is in your best interests to come to a mutual agreement with the tenants on what exactly constitutes the "condition they got it" in, and an early inspection is the best way to accomplish this.
What is your friends rationale for wanting to put you in that position?
"is the rule I have to mail it to them within 30 days of there move out date or give it to them on their last day?"
There are no universal laws regarding this. The length of time is determined by both state law and their lease, and if the law and the lease differ ... the one that is most favorable to the tenant trumps. If your state law says you have 30 days but the lease you gave the tenant says 10 days, you are bound by the 10 days. If your lease says 45 days and state law says 30 days, you are bound by state law because a lease clause that is contrary to law when it comes to a tenant giving up rights cannot be enforced.
2007-03-03 07:59:53 · answer #1 · answered by BoomChikkaBoom 6 · 1⤊ 0⤋
Just do it verbally and non binding. Set an appointment and tell them to be on time since you will have only 15 minutes and then need to go. show up five minutes late and give them ten.
Just do a fast walk thru point and tell and say just like i said if the place in left the way you got it you get the deposit back in 30 days.
2007-03-03 14:44:42 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If you give there deposit back before they leave what is the point of a walk thru. From your question you basically just want them out.
I would just sign it and get them out and take a loss if anything messed up. If something busted you could sue but it would probalby just be easier to fix. Minor stuff. For something major that's your call.
2007-03-03 14:11:08 · answer #3 · answered by Ivan S 6 · 0⤊ 0⤋
You can do the walkthrough, and still charge them for anything you find later. Don't sign anything saying the apartment is "fine" or in "good shape" or anything, just tell them what you see. When they move out, you have 30-45 days (depending on your state) to mail them what is left of their deposit, including a list of what you deducted for.
2007-03-03 14:40:09 · answer #4 · answered by ? 5 · 0⤊ 0⤋
If you are in CA it's required by law
2007-03-03 15:46:06 · answer #5 · answered by goz1111 7 · 0⤊ 0⤋