Rental Property Investor · San Antonio, TX · Member since 2017 · 22 posts · 10 votes
I recently have experienced my my first move out. The tenants left a month early. I told them that they are still responsible for the last months rent but I would find a new tenant to replace their time to help them save on moving out early. Well they ended up leaving and taking the keys with them. I got in and have inspected it and I saw a bed bug spray in there in the lease it said they are responsible for bed bugs. I called to get them to give me their return address but they ignored my calls but I found their current mailing address on google. Am I able to mail them a bill for the remaining rent plus a bed bug inspection? Also the security deposit can’t be used toward rent.
Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
6y
@Lue Brooks They owe you at least a month’s rent (and possibly left you bed begs), why are you concerned about returning their security deposit? Deduct what they legally owe you from it and just mail them any required notice of security deposit deduction/accounting.
You say “the security deposit can’t be used toward rent” but that’s not the law, so I’m curious why you believe that. I have a feeling it’s because your lease probably has a clause that says the TENANT isn’t supposed to use their security deposit toward the last month’s rent. However, that doesn’t prevent you from applying it toward what they owe you.
(If there’s some other reason you believe you can’t use the security deposit toward past due rent owed perhaps you could explain so we could help you.)
Real Estate Agent/Investor · Peoria, AZ · Member since 2016 · 2k+ posts · 2k+ votes
6y
You'll want to check your local landlord/tenant laws for what you can and cannot do with deposits and such, but it sounds like you can get a judgment levied against them for breach of lease and have a judge impose this judgment. Odds are those people will never pay, but have a judgment on their credit report for the next 7 years that'll warn the next landlord not to rent to them.
As for the bedbugs, pay for an exterminator, inspect the property, and use their deposit to repair whatever else they've damaged that is allowed by law. Check with a local attorney in regards to what your landlord rights are in your area.
You can charge them for the bedbugs, getting the unit re-keyed since they took those and any other damage. Check your local laws to see if you can use the deposit for unpaid rent.
If they didn't leave you a forwarding address, they weren't expecting you to return the deposit. Contact them to ask them for the address to return any of the remaining deposit. Mail it to the last known address (your rental unit) as they may have their mail forwarded to their new place.
Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
6y
And, be sure to take photos of how they left the property. Technically they didn't leave a month early; they had full control of the property when they took the keys. They owe you rent - so send them a Demand Letter for rent to the new address by certified mail. You may also want to send it your property address as well with the notation "address correction required" on the envelope just in case the address you found isn't correct. Deduct a full cleaning, exterminating, re-key, trash removal and deduct all from the security deposit. And, good riddance to them. You'll have a pristine property to rent to a respectful tenant - complements of the bed buggers.
Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
6y
@Lue Brooks They owe you at least a month’s rent (and possibly left you bed begs), why are you concerned about returning their security deposit? Deduct what they legally owe you from it and just mail them any required notice of security deposit deduction/accounting.
You say “the security deposit can’t be used toward rent” but that’s not the law, so I’m curious why you believe that. I have a feeling it’s because your lease probably has a clause that says the TENANT isn’t supposed to use their security deposit toward the last month’s rent. However, that doesn’t prevent you from applying it toward what they owe you.
(If there’s some other reason you believe you can’t use the security deposit toward past due rent owed perhaps you could explain so we could help you.)
Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
6y
And, be sure to take photos of how they left the property. Technically they didn't leave a month early; they had full control of the property when they took the keys. They owe you rent - so send them a Demand Letter for rent to the new address by certified mail. You may also want to send it your property address as well with the notation "address correction required" on the envelope just in case the address you found isn't correct. Deduct a full cleaning, exterminating, re-key, trash removal and deduct all from the security deposit. And, good riddance to them. You'll have a pristine property to rent to a respectful tenant - complements of the bed buggers.
Investor · Wichita, KS · Member since 2017 · 584 posts · 813 votes
6y
@Lue Brooks Ready to hear what it costs to treat bedbugs? I split this cost with a good tenant because we like them recently. Anyone know????
$650!
It is more expensive than normal bugs. Once they are there, you must get rid of them, they will follow you everywhere, moving will not help. It’s a big deal. Call a pro, shoot for a whole house bomb for less than that number I gave you, that is a cheap company even; the bedbugs treatment service is guaranteed for a year. To treat bedbugs you have to spray weekly, it’s a mess, good luck! And do not go over to the property personally, burn all clothing.
Also, I wouldn’t sue. Take it across the chin and move on. Send them within 30 days the long list of why you are keeping their deposit. Just my .02
Also the security deposit can’t be used toward rent.
Says who? A quick search comes back with Section 92.108 of the property code that says a tenant can be liable for up to 3X the rent if they use the security deposit as last months rent.