I signed no contract with her because she wanted to rent to own in a couple of mts. She moved in on May 1st ,moved out on may 25th and told me about it on May 29th. can she take me to court if i dont give her, her deposit back, but i also need to pay june rent with it, That she was supposed to pay. What do ya think im in iowa
2007-05-30 13:22:43 · 8 answers · asked by darci w 1 in Business & Finance ➔ Renting & Real Estate
If you don't have a contract that stated she had to give 30 days notice, then you don't have any legal rights to keep her deposit. The deposit is generally intended to fix broken items, or clean the unit after the tenant leaves (depending on whether you called it a cleaning deposit or a security deposit). Even without a contract, the courts will agree with her, in that the terminology used to describe her payment to you implied that she would get it back upon moving out.
If she isn't living there in June, then she has no requirement to pay the June rent (especially without a contract). It would have been considerate of her to give you notice, but she was not required to do so, and unfortunately, it appears she's within her rights.
2007-05-30 13:37:28 · answer #1 · answered by abfabmom1 7 · 1⤊ 0⤋
I am a real estate agent and I could be wrong of course but I am 99% sure of this as I have rented out properties before.
If you have proof that she owes the rent you most likely have no problem if she takes you to small claims court.
If however she moved out and is not owing that rent, you will have a problem.
When it comes to deposits I have found the courts mostly lean in favor of the tenant and give them their deposit back however if money is owing towards rent you may tell her that "If she does take you to court you will counter sue for late payments and back rents which, if I am correct, is more than the security deposit."
A best defense is an offense I think.
2007-05-30 13:30:20 · answer #2 · answered by Workfortoday 3 · 0⤊ 0⤋
In theory, the security deposit is different from rent money. In theory, you are supposed to give the security deposit back and then go after her for the rent she owes. It has become very common for tenants to ask for their security deposit to be applied to the last month's rent, but that doesn't make it correct. But realistically, it sounds as if you are going to have to sue her to get your rent. I would hold on to the deposit as the final rent. If she wants to pursue it, she will have to sue you and you would file a countersuit for the rent.
2007-05-30 13:31:40 · answer #3 · answered by Brian G 6 · 1⤊ 0⤋
did she sign a contract with you?? a lease?? what does the lease say about early termination with out notice?? I don't think she is owed her deposit and you may be able to take her to court if she signed a lease (which is a legal & binding contract) you can sue her for the 11 mos she'll owe of rent.
2007-05-30 15:07:41 · answer #4 · answered by emnari 5 · 0⤊ 0⤋
As long as the rent is not behind, a tenant on a month to month may move out at any time. Regardless, the deposit can only be kept to cover damage - which must be proved.
2007-05-30 13:34:16 · answer #5 · answered by Anonymous · 2⤊ 1⤋
Clearly, she has inconvenienced you.
By moving so late in the month, she didn't give you an opportunity to make money on your INVESTMENT property for the month of June. Doesnt' that make her liable for June's rent as well as May's?
When were you supposed to advertise or show it, if you didn't know it would be VACATED IN THREE WEEKS.
If she continues with her shenanigans, call public safety. Tell them you are being harrassed by an UNSTABLE person and that you are a little nervous.
NEXT TIME, please don't rent out your property without a check into the person's rental background, credit history and other applicable references.
2007-05-30 13:32:53 · answer #6 · answered by TygerLily 4 · 1⤊ 1⤋
form of no longer uncomplicated for her to take you to court docket and not employing a freelance. call a criminal expert yet i think of she's have been given a susceptible case. basically conceal your self. I additionally am having of venture that the value to circulate to court docket could be extra beneficial than her deposit...having stated that, in step with probability no longer. the two way, she replaced into messing with you and thinks that's ok. If it have been me, i could verify first yet no longer supply her any deposit returned, exceptionally in case you bought money and gave no receipt...then there is not any paper path of the entire circulate which includes deposit.
2016-11-23 19:48:17 · answer #7 · answered by Anonymous · 0⤊ 0⤋
keep it. she should have given you 30 days notice. she can try to take you to court, but you will win.
2007-05-30 13:25:48 · answer #8 · answered by Anonymous · 1⤊ 1⤋