Returning 1/2 of security deposit at lease renewal

Returning 1/2 of security deposit at lease renewal

Rental Property Investor · Baltimore, MD · Member since 2020 · 19 posts · 2 votes

I have two approved applicants for my property and i have required a double security deposit (two month's rent, totaling $3,800.00) due to lack of rental history and one of them having some delinquent credit history. They are currently living with family and have stable employment history. I plan to agree to give half of the double security deposit back at the renewal of their one year lease, pending that they have maintained good standing and there have been no incidents within the first year that would warrant otherwise. Meaning that they don't have multiple late payments, cause damages to the house, cause unnecessary wear and tear, exceed the occupancy limit, breach the lease in other ways, etc. .

The goal here is that after the first year they will have established a track record that serves as it's own landlord reference for me to renew without requiring the double deposit. They have requested a clause that they will receive half of the security deposit back after the 1st year of occupancy provided there aren't any incidents. Has anyone had experience with writing such a clause, or would you write it as an addendum?

My draft as an addendum is as follows

Landlord and Tenant agree that provided a history of good standing, no damages to the property, minimal wear-and-tear, and a satisfactory Premises Inspection prior to renewal, half of the security deposit will be returned to the Tenant upon decision and approval to extend the Lease Term for a Renewal Term. The return of half of the deposit will be made at Landlord's sole descretion, and Landlord reserves the right to consider any and all factors in making a decision to approve or deny the return of any Security Deposit amounts outside of the terms under Return of Deposit contained within the Lease Agreement.

The property is a full gut high end renovation so precautions are being taken, however I want to be fair to good tenants, especially if they are long term. The lease is written to renew for a year if decided, it does not go month-to-month. Does what I have written seem safe to include as an addendum to the lease, or am I exposing myself to too many potential issues?

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JD MartinBusiness Member
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Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
6y

I think what you wrote is fine. What I would question is why you need to accept marginal tenants in a high-end rental? Generally, if you feel they are so high risk that you need a double deposit plus the regular rent, you probably should be seeking better applicants. 

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  • JD MartinBusiness Member
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    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    6y

    I think what you wrote is fine. What I would question is why you need to accept marginal tenants in a high-end rental? Generally, if you feel they are so high risk that you need a double deposit plus the regular rent, you probably should be seeking better applicants. 

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  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    6y

    I would add specifics about late rent.

    Is no lates times what you want, 1 or 2 ok? I'd get more specific about requirements to definately get half the deposit back so they have a goal and it will be clear to both parties if they don't make the goal.

    Non of this landlords descresion. Make it extremely clear, otherwise someone is going to mad if they think they met the criteria and you don't give them back half. 

  • Rental Property Investor · Baltimore, MD · Member since 2020 · 19 posts · 2 votes
    6y

    @JD Martin Thank you for your reply. I rehabbed the property for resale but decided to keep it. While the rehab and finishes are high end, it is considered a transitional neighborhood where most applicants in the area have had one challenge or another. Needless to say, I won’t be creating that combination again in my future renovations.

  • Rental Property Investor · Baltimore, MD · Member since 2020 · 19 posts · 2 votes
    6y

    @John Underwood

    Good point, I would be mad as well if I did my best to meet what I thought to be the goals but still didn’t get my deposit back. As with many landlords, I’d be understanding if the rent was late twice, but to be safe I’ll allow it once on the addendum.

    My real concern is that they could maintain the property well and pay on time but some other factor that I didn't think about could suggest that it isn't wise to renew with a single deposit, such as: one occupant moves out, a new occupant moves in, change in employment, or any number of things that could change the stability or DTI. I suppose that's why there's a lease though that says new occupants require approval though.

    Thank you for your feedback! I am really appreciative for the responses coming in so quickly.

  • Real Estate Agent · Sandwich, MA · Member since 2014 · 974 posts · 636 votes
    6y

    @John Underwood

    @Adrian Akerman

    I agree that the more specific you can be, the better off you’ll be. With that said, I would add in the actual amount that would be returned and make note that this is only for the first renewal, meaning subsequent lease renewals will not warrant you return 1/2 of the remaining security deposit, etc.

  • Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes
    6y

    If someone has a long track record of unstable financial history, them paying their rent for a year wouldn't really prove much for me. The very reason you are collecting 2 months security in the first place is because their track record is poor. 

    For the most part these people will eventually revert back to previous financial habits and you will want that extra month of security to protect yourself for when things go off the rails. 

  • Rental Property Investor · Baltimore, MD · Member since 2020 · 19 posts · 2 votes
    6y

    @Mason Hickman

    Thanks Mason, I can add the actual amount MINUS any required deductions. If they have good standing there shouldn't be any deductions, but I think I'll need to specify it so that I'm not obligated to return half and be left with less than a full month's rent at the time of renewal.

  • Rental Property Investor · Baltimore, MD · Member since 2020 · 19 posts · 2 votes
    6y
    Originally posted by @Michael Noto:

    If someone has a long track record of unstable financial history, them paying their rent for a year wouldn't really prove much for me. The very reason you are collecting 2 months security in the first place is because their track record is poor. 

    For the most part these people will eventually revert back to previous financial habits and you will want that extra month of security to protect yourself for when things go off the rails. 


    My main reason for requiring the 2 month's deposit is because they were living with family until now and don't have any rental history. One of them has a landlord reference but it's more than six years old.
  • Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes
    6y

    @Adrian Akerman Very risky tenant profile for that high of a monthly rent amount. Keep the double deposit to protect yourself. 

  • Nathan GesnerBusiness Member
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    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    6y

    I would not publish this clause anywhere. By stating this in writing, the tenant will see this as a guarantee, not an option.

    I recently did the same thing. I had a tenant with a double deposit that has been in the property for three years. However, I did not offer them half their deposit back. I sat on it until they asked, assessed their history, and then made the decision.

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  • Rental Property Investor · Northern NJ · Member since 2019 · 672 posts · 677 votes
    6y

    I'm just curious on one of your prospective tenants you mentioned. This is for the one who doesn't have a track record. Are you effectively punishing them because they are moving out of their home for the first time? If they don't have any derogatory marks and everything else is good, why charge them a double deposit? The other person who has unfavorable history I definitely understand collecting twice. Just wondering why the other one would get charged 2x.

  • Rental Property Investor · Ankeny, IA · Member since 2017 · 2k+ posts · 3k+ votes
    6y

    @Adrian Akerman

    First, what is their past financial problems? And why? Loss of job, medical bills, etc. Have they met your rental criteria for credit score, income, no evictions, etc? If any of their past problems were rent related, do not rent to them.

    Second, like others have said, make a bullet point list of criteria they must meet to get an exact dollar amount back. Nothing confusing. And have them initial next to each of said criteria to show they read and understand.

    Good luck!

  • Rental Property Investor · Baltimore, MD · Member since 2020 · 19 posts · 2 votes
    6y
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