Acct to Tenant for Deposit After Broken Lease

Acct to Tenant for Deposit After Broken Lease

Jon S.Pro Member
Investor · Tampa, FL · Member since 2015 · 530 posts · 92 votes

Background: Tenant broke 1 year lease, which would have ended Dec 9th. She had some late fees accruing and didn't pay the October 10th rent. She let me know Oct 12 by text that she was breaking the lease but wanted to stay tilll the end of Oct. I didn't agree and served 3 day notice to pay or leave by Oct 18. On Oct 21 she confirmed that she would be done moving that day and I could change the locks later in the day. When I went Oct 22 I found that she left it locked with her own (unapproved) deadbolt on the door without giving me a key. After repeated attempts to gain her cooperation to drop off the deadbolt key, but getting excuses from her on getting the key, but certain that she had moved out, my maint crew gained access Oct 24th through an unlocked window, and changed the locks. The apt was empty except two grocery bags of belongings, a mattress on the floor, and broken furniture on curb. Later on the 24th she came by and picked up her last 2 grocery bags of belongings, but still left the mattress and box springs on the floor and texted that she didn't want it. Our maint crew hauled off the mattress and a broken dresser drawer that she left at the curb. Then they painted the unit. It only needed touch up in a few wall areas and baseboards but the prior paint was flat and it was advised that I repaint with semigloss to avoid similar wall paint cleaning issues in future. It also required some door cracks to be repaired and painted. The apt was left relatively clean but still will require a light cleaning service to be ready for next tenant.

On what date do I owe her an amount due letter in regards to her $950 deposit? Is it a specific form? Does anyone have a sample letter? Can I provide letter via text message as that's the only means of communicating with her? What can I charge her for? I don't currently intend to go after the money she owes but should I include all owed money in the letter?

Thank you

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  • Kim Meredith HamptonBusiness Member
    Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
    9y

    You have thirty days from the date of vacating to make a claim on security deposit, and by your letter and her correspondence, I would imagine that your thirty day notice should start on October 22nd.

    The claim on security deposit needs to be sent via certified mail to the last known address. If she did not provide her forwarding address, it would be the address of your property that she lived in. As of today, you can not send this notification of claim via text. We are hopeful that in the future this would be a means of communication for legal notices.

    You can charge her for any damages beyond normal wear and tear. It sounds like the paint was relatively good, but any repairs that needed to be made beyond normal wear and tear could be assessed to her. Any rent owed until you release the property could also be assessed. Please look over your lease agreement and look at what it states with regard to move out charges.

    Hope this helpsHere is a video on normal wear and tear that may be helpful to you

  • Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    You should charge her for lock replacement. Furniture disposal and labor to move that furniture. the cracked doors and repair labor for that. I would charge her rent up thru the end of the lease. If you rent the apartment prior to the 9th of December and receive rent from new tenant you would have to send a adjusted move out charge sheet giving adjustment on rent you had charged prior as you can not collect rent on unit by 2 parties. only unpaid days left vacant.

    The cost of court fee documents, Late rent, rent owed. 

    You credit her for interest on the deposit per your state interest amount for the duration of the 10 months she lived there.

    Check NOLO for your state laws for security deposit procedures and other great info 

    Check BP forms for security deposit statement forms or Ezlandlord on line

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