In the state of TN I cannot find and information on what we should do if the person brakes rental contract? Also, in contract it was to be rented to a NON_smoker, yet the woman smoked inside our house. Is that grounds for loss of deposit? Basically she was signed to rent our other house until Sept. 2007. It is only May. Should she get her deposit back?
2007-05-30 07:11:15 · 10 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
We own the house out right, and had to move because of our careers, that is the only reason we CHOSE to rent it out otherwise. We now own our second home, the other is just now a rental house.
2007-05-30 07:14:58 · update #1
If you are in possession of a signed lease with this tenant, you are not only entitled to retain her deposit, but also to take her to court (if she refuses to pay) for the remainder of the months rents in the contract. Additionally, you may go through the expense of once again making the home 'smoke free', and add that to your charges as well, along with costs for any other damages she may have caused.
2007-05-30 07:22:30 · answer #1 · answered by acermill 7 · 2⤊ 0⤋
Regardless of the state, a contract is a "contract". First of all, the house is "non- smoking", second of all the contract is an agreement that states she must live there until the contract is up. Two rules are being broken. The answer is no. You should excuse the "smoking" part due to the fact that people do change, start new (or old) habits, it's only human. But "business" wise the contract obligates her to remain either in residence, or to cover the rent of the residence until the said date. If she asked for the deposit back, inform her she must first pay you the rent up to the contract ending date. Keep it business. Just because you want to be a bit lenient, don't forget to also be a bit firm. She broke the rules, why should you have to pay for her mistake?
2007-05-30 07:25:37 · answer #2 · answered by ICYCUBE 2 · 2⤊ 0⤋
Do not give the deposit back. She has broken the terms of the rental agreement and forfeiture of the deposit is common practice at this point. By law you are allowed to charge her 3 months rent or until the unit can be rented out again as well for her breaking the contract. You can also hold the deposit for deoderizing the unit from the smoke she was not supposed to be doing anyways. You are well in your rights to not only keep the deposit but could go after her for additional money as well.
2007-05-30 07:25:02 · answer #3 · answered by flamingojohn 4 · 0⤊ 0⤋
You mean 'break' the rental agreement. Show the tenant where they have defaulted on the agreement. Read them the term or terms they have broken. Do not return the deposit. That is for damages and unpaid rent. The tenant is responsible for the entire lease term unless you have written into the rental agreement something to allow any exceptions. They are responsible and you can put that on their credit until they pay it. They can pay it even being somewhere else. That is why leases are drawn and signed so the landlord does not have to worry about the apartment / home being vacant.
2007-05-30 07:23:17 · answer #4 · answered by devil dogs 4 · 2⤊ 0⤋
What does the contract say about moving early. Usually you put something in it about moving early and how much they owe. If you didn't stipulate as to early moving then I'd say she owes up to September. As for the deposit, if it's going to take all the deposit to clean the house, then you shouldn't have to give it back. If the contract said non-smoker and she smoked you could very easily eat up every bit of the deposit cleaning the smoke smell and residue on the walls and curtains out of the place.
2007-05-30 07:53:38 · answer #5 · answered by Kathleen M 4 · 0⤊ 0⤋
The answer you seek may be on this website. Also, I believe, you may go after the tenant legally for the remainder of the lease for the months owed until it's expiration.
That is the purpose of a rental agreement- it's a legally binding document. Review your lease. Consult someone at the website in regards to your rights. You are not in the wrong.
Perhaps, she can find someone to sublease so she is not liable for the months she's skipping out on.
Good luck!
2007-05-30 07:28:14 · answer #6 · answered by Deme21 2 · 2⤊ 0⤋
I would think you keep the deposit. They broke the rules plain and simple.
Didn't they READ and sign the contract before renting from you?
It's their fault they lost the money.
The deposit is for repairs of making your home "smoke-free" again and the loss of a month's income that you will be looking for another renter.
2007-05-30 07:24:26 · answer #7 · answered by sugar sweet 5 · 2⤊ 0⤋
She legally owes you lease until eventually the top of the settlement era. in case you mutually choose for to terminate her condominium settlement, then she is unfastened to pass away on each and every occasion. If she walks out with out your consent to terminate, she is in breach of settlement and you are able to sue her for the money, besides as reporting her to the credit government. As for the deposit, you are able to in ordinary terms carry it to apply contained in the restoration of the living house. in case you carry it, you are able to desire to itemize what it somewhat is used for: $one hundred fifty for shampooing the carpets $ eighty for dry cleansing the drapes and something you are able to desire to do to do away with the smoke scent you are able to not withhold her deposit on theory, in ordinary terms for particular rates. you are able to although carry the deposit as part of the lease she owes you until eventually September. regrettably, you're unlikely to get any earnings a lawsuit, so it somewhat is ultimate to handle her... you pocket her deposit and he or she will pay for the cleansing of the living house in replace on your letting her out of the settlement, or something like that.
2016-10-06 08:10:07 · answer #8 · answered by guyden 4 · 0⤊ 0⤋
Don't know about Tenn. but in Calif. anyone who breaks a lease agreement gets no deposit back. I'd tell her to go stuff it!
2007-05-30 07:20:24 · answer #9 · answered by nan 4 · 2⤊ 0⤋
whats the right thing to do in your heart,is it damaged?or u just need justification in keeping someones hard working money? think about it.
2007-05-30 07:21:17 · answer #10 · answered by spoodleroo 5 · 0⤊ 1⤋