my tenant moved out without notice, and wants her deposit back.?

Question

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

Answer 1

You stated that you had rented a rental property to a tenant on an oral month-to-month tenancy, and as part of the month-to-month tenancy there was a required 30 day notice. The tenant has notified you that she wants you to refund her rental deposit (security deposit) for the rental property.

562A.13 Rental deposits.
1. A landlord shall not demand or receive as a security deposit an amount or value in excess of two months' rent.
2. All rental deposits shall be held by the landlord for the tenant, who is a party to the agreement, in a bank, credit union or savings and loan association which is insured by an agency of the federal government. Rental deposits shall not be commingled with the personal funds of the landlord. All rental deposits may be held in a trust account, which may be a common trust account and which may be an interest bearing account. Any interest earned on a rental deposit shall be the property of the landlord.
3. A landlord shall, within thirty days from the date of termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return the rental deposit to the tenant or furnish to the tenant a written statement showing the specific reason for withholding of the rental deposit or any portion thereof. If the rental deposit or any portion of the rental deposit is withheld for the restoration of the manufactured or mobile home space, the statement shall specify the nature of the damages. The landlord may withhold from the rental deposit only such amounts as are reasonably necessary for the following reasons:
a. To remedy a tenant's default in the payment of rent or of other funds due to the landlord pursuant to the rental agreement.
b. To restore the manufactured or mobile home space to its condition at the commencement of the tenancy, ordinary wear and tear excepted.
c. To remove, store, and dispose of a manufactured or mobile home if it is abandoned as defined in section 562B.27 .
4. In an action concerning the rental deposit, the burden of proving, by a preponderance of the evidence, the reason for withholding all or any portion of the rental deposit shall be on the landlord.
5. A landlord who fails to provide a written statement within thirty days of termination of the tenancy and receipt of the tenant's mailing address or delivery instructions shall forfeit all rights to withhold any portion of the rental deposit. If no mailing address or instructions are provided to the landlord within one year from the termination of the tenancy the rental deposit shall revert to the landlord and the tenant will be deemed to have forfeited all rights to the rental deposit.
6. Upon termination of a landlord's interest in the manufactured home community or mobile home park, the landlord or the landlord's agent shall, within a reasonable time, transfer the rental deposit, or any remainder after any lawful deductions to the landlord's successor in interest and notify the tenant of the transfer and of the transferee's name and address or return the deposit, or any remainder after any lawful deductions to the tenant.
Upon the termination of the landlord's interest in the manufactured home community or mobile home park and compliance with the provisions of this subsection, the landlord shall be relieved of any further liability with respect to the rental deposit.
7. Upon termination of the landlord's interest in the manufactured home community or mobile home park, the landlord's successor in interest shall have all the rights and obligations of the landlord with respect to the rental deposits, except that if the tenant does not object to the stated amount within twenty days after written notice to the tenant of the amount of rental deposit being transferred or assumed, the obligations of the landlord's successor to return the deposit shall be limited to the amount contained in the notice. The notice shall contain a stamped envelope addressed to the landlord's successor and may be given by mail or by personal service.
8. The bad faith retention of a deposit by a landlord, or any portion of the rental deposit, in violation of this section shall subject the landlord to punitive damages not to exceed two hundred dollars in addition to actual damages.
[C79, 81, §562B.13]
88 Acts, ch 1138, §15; 93 Acts, ch 154, §14; 2001 Acts, ch 153, §15, 16; 2001 Acts, ch 176, §80

You maintain that with a month-to-month tenancy, a 30 day notice is required and that you are retaining the balance of the security deposit as damages because the tenant did not give 30 days notice. I think that is proper.

562A.34 Periodic tenancy — holdover remedies.
2. The landlord or the tenant may terminate a month –to–month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice .

I think you are entitled to a month's rent based on the fact that the tenant abandoned the property and did not give 30 days notice.

562A.29 Remedies for absence, nonuse and abandonment.
3. If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental. If the landlord rents the dwelling unit for a term beginning prior to the expiration of the rental agreement, it is deemed to be terminated as of the date the new tenancy begins. The rental agreement is deemed to be terminated by the landlord as of the date the landlord has notice of the abandonment, if the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental or if the landlord accepts the abandonment as a surrender. If the tenancy is from month-to-month, or week-to-week, the term of the rental agreement for this purpose shall be deemed to be a month or a week, as the case may be.

I think this matter will end up being decided in small claims court if the former tenant wants to litigate it. Familiarize yourself with the law, and be prepared.

Answer 2

Kind of tough for her to take you to court without a contract. Call a lawyer but I think she's got a weak case. Just cover yourself. I also am betting that the cost to go to court would be more than her deposit...then again, maybe not.

Either way, she was messing with you and thinks that's ok.
If it were me, I'd check first but NOT give her any deposit back, especially if you got cash and gave no receipt...then there's no paper trail of the whole move including deposit.

Answer 3

Write her a letter memorializing the terms that were orally agreed between you - spell out logically, carefully and truthfully the way things were supposed to be on this deal. Remind her that you were trying to help her get on her feet and trusted her. Finally, remind her that she left without notice and that as a result you will be retaining her deposit as liquidated damages. Wish her luck in her future. Be nice, professional and to the point. The burden to take you to court will rest with her and I venture she won't have the money, time or ability to follow through with it. Good luck (next time get a lease, though :-)

Answer 4

In most cases you have 30 days to return deposit. Inspect the home and make repairs then deduct from deposit amount. If you go to court you will most likely lose! Have receipts to show what you spent on repairs.
PS> General cleaning is not deductible! Trash disposal is.

Answer 5

You should check with your state and find a lawyer who handles landlord tenant disputes, but far as I know tenants are supposed to give notice so the landlord has a chance to find another tenant.Please check for lawyers and your state gov for more info! Good luck!

Vin

PS might help your case if you can prove she did any damages.

Answer 6

If you have no lease, I don't think you can do anything. What do you have saying she was obliged to pay you beyond a month?

Answer 7

what does the lease say?....no lease no agreement, she can do as she pleases. unless she trashed the place she gets her deposit back.

don't you guys watch judge judy???? GET IT IN WRITING

Answer 8

i say too bad...so sad for her being out money...perhaps she should have considered more than herself when she did that to you...perhaps she should have considered the deposit...but she didn't...i say it is yours...