Posted by JohnBoy on February 23, 2005 at 19:51:46:
I’m not a tenant at all. I’m a Landlord!
Double Dipping Landlord - Posted by Natalie Smith
Posted by Natalie Smith on February 21, 2005 at 09:11:26:
I know that when a tenant breaks a lease by vacating early, the landlord must mitigate their damages by attempting to re-rent the unit.
What if the tenant gives the landlord written notice on February 1st that they are breaking their lease and leaving on February 15th. They are paying the entire month of February’s rent. They will find a suitable tenant for March 1, AND they want the landlord to keep their security deposit for the landlord’s “time and inconvenience”.
The unit does get rented for March 1st, so the landlord incurs no damages. Can the landlord still keep the security deposit that the tenant offered?
Re: Double Dipping Landlord - Posted by SHYGIRL
Posted by SHYGIRL on April 16, 2005 at 15:39:28:
Yes the landlord CAN keep the security depoist that you “offered up” so to speak- for the simple reason is that YOU broke the lease agreement- even though he may have rented the unit to another party is irreleavent- If the unit had not rented for the remainder of your contract the landlord could have as well held you responsible for those remaining months and you by “LAW” would have been held in the court of “LAW” responsible- you should thank your stars that He/She did re-rent the unit and take your losses! Believe me I do understand that it stinks to lose the money especially in this day and age but it could have turned out alot worse- for 1- u should have given him a 30 day notice - sent to him registered return receipt- whether or not u stayed till the end of that 30 day period - and 2- generally u have to atleast try to remeady any problems First with the landlord with no results to your problems - or most if not all landlords will allow you to break a lease early if you are trying to purchase a house-
just remember next time look up in the law library of your state for the ReVISED STATUES for what you are trying to do ! ALWAYS COVER YOUR BUTT !!! no one else will do it for you !!1
Question is Usually Moot - Posted by Jimmy
Posted by Jimmy on February 24, 2005 at 17:10:55:
I have had at least 50 tenants vacate my rental units over the past 5 years, and have returned part of a deposit only ONCE. Tenants never leave my units in the same condition as when they moved in, and I always have to do clean up and trash removal etc.
Further, my leases say, in plain language, if the tenant vacates before the term expires, the deposit is history. I do not have to mitigate anyting.
Re: Double Dipping Landlord - Posted by JohnBoy
Posted by JohnBoy on February 21, 2005 at 10:35:51:
Why not? The tenant offered and agreed to it. Most leases state you lose the security deposit anyway.
Where’s the double dipping? Now if the Landlord tried to collect rent for March and collected rent for March from a new tenant, that would be double dipping and a no no!
Re: Double Dipping Landlord - Posted by Natalie Smith
Posted by Natalie Smith on April 16, 2005 at 16:18:56:
Thanks for your reply…I was the landlord in this scenario, not the tenant.
Re: Double Dipping Landlord - Posted by Natalie Smith
Posted by Natalie Smith on February 21, 2005 at 12:32:57:
My thought process was that if the security deposit was for damages and there were no damages, you could not keep it.
It makes sense though, that if the tenant agrees to it in writing, then go ahead and keep it.
Thanks for your time JohnBoy.
Re: Double Dipping Landlord - Posted by JohnBoy
Posted by JohnBoy on February 21, 2005 at 13:57:13:
Damages are you breached the lease by breaking it. The Landlord incurs advertising expense to rent the property. Cleaning costs to get it ready to rent again, etc.
So unless there is some state specific law that says otherwise I would say the Landlord is entitled to keep the deposit. It also depends on what the lease says as well.
Of course, depending on what cost the Landlord actually incurred from this, I guess the Landlord could offer to refund some or all of the deposit as good will if they didn’t lose anything from it and was able to rent it right away. I guess you could say it’s a Judgement call. But since the tenant already agreed to give up the deposit then why make a deal of it?
Re: Double Dipping Landlord - Posted by Paul E. Welborn,Jr.
Posted by Paul E. Welborn,Jr. on February 22, 2005 at 19:28:04:
Sorry Charlie, Better luck next time. Damages can be either to the property or in terms of lost rent. If the landlord by chance did not rent his premises theoretically he would have to wait until he did in order to show there were more damages in Small Claims. He could conceivably go to the clerks office. Have you served at residence or work and you would be obligated to show for court. If you did not you default and the ruling is in his favor. An order goes to wherever in some cases a place of work and your wages can be garnished.
Re: Double Dipping Landlord - Posted by JohnBoy
Posted by JohnBoy on February 23, 2005 at 17:16:12:
We understand that! In this case the landlord DID rent the place, he did NOT lose any rent as a result! So that only leaves the question of whether he incurred any advertising expense and/or cleaning expense to get the apartment rentable for the new tenants.
Re: Double Dipping Landlord - Posted by Paul Welborn,Jr.
Posted by Paul Welborn,Jr. on February 23, 2005 at 17:30:17:
If you jumped the lease you owe security deposit. Read your lease. I would part ways on that note unless you want to incur more expense. Note the language Jumped a lease ! Meaning you were bound and obligated by a legal instrument and did not obey the policies,rules and the law set forth there in. If you continue to herass this landlord he is within his rights to take out a court order to have you not in X number of feet of the property that would become another violation of the law !
Re: Double Dipping Landlord - Posted by JohnBoy
Posted by JohnBoy on February 23, 2005 at 17:56:17:
Maybe you should go back and read the posts. You are repeating what was already said. I already stated that damages was breaking the lease. That most leases cover this where they state the security deposit is forfeited if you break the lease. You then jumped in saying, sorry Charlie! Sorry what?
Re: Double Dipping Landlord - Posted by Paul E. Welborn,Jr.
Posted by Paul E. Welborn,Jr. on February 23, 2005 at 18:09:36:
You are obviously a malconted tenant.